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Home My WebLink About1989-10-17 Support Documentation Town Council Work Sessionk ~k' VAIL TOWN COUNCIL WORK SESSION TUESDAY, OCTOBER 17, 1989 2:00 p.m. AGENDA 1. Discussion of No Smoking Ordinance 2. Vail Valley Marketing Board Request for 1990 Funding 3. Request of Funds for Proposed County Recreation Complex Financial Analysis 4. Budget Wrap-Up 5. Discussion of The Wren Easement 6. Information Update 7. Other VAIL TOWN COUNCIL WORK SESSION TUESDAY, OCTOBER 17, 1989 2:00 p.m. EXPANDED AGENDA 2:00 1. Discussion of No Smoking Ordinance Susan Scanlan Action Requested of Council: Determine the scope of modification of the existing smoking ordinance. Background Rationale: In August, the Fresh Air Committee came to Council requesting our smoking ordinance be modified to encompass most public places to include, but not be limited to, restaurants, grocery stores, and the workplace. 2:45 2. Vail Valley Marketing Board request for 1990 funding Kevin Payne Action Requested of Council: Approve/deny additional funding request. Background Rationale: The VVMB would like to meet with the Council to provide an update on Avon's and VA's funding as well as additional summer statistics relating to the summer marketing campaign. 2:55 3. Request of funds for Proposed County Recreation Complex Ron Phillips Financial analysis Action Requested of Council: Discuss request and determine whether or not funding is appropriate. Background Rationale: Financial and legal analysis is necessary to determine the best way to work with Avon and Eagle County to build and operate the proposed recreation complex. Avon and Eagle County have proposed hiring Stan Bernstein and bond counsel to analyze all the alternatives. Each of the three entities is asked to allocate up to $5,000 for this analysis. Staff Recommendation: Approve up to $5,000 from the Council contingency. 3:10 4. Budget Wrap-Up 4:10 5. Discussion of The Wren easement Larry Eskwith Action Requested of Council: Accept/deny easement from the Wren and approve/deny renewal of TOU/Wren license agreement for use of the road by the Wren. Background Rationale: Part of the Town bike path crosses the Wren property and the Town needs the easement for that portion of the bike path. The Wren would like to renew for the second time their license agreement with the Town. Staff Recommendation: Approve the license agreement and accept the easement. 4:30 6. Information Update Ron Phillips 4:40 7. Other TO: Vail Town Council FROM: Community Development Department DATE: October 6, 1989 SUBJECT: Smoking Ordinance Research As directed by Council, I have been researching the smoking ordinances. of various communities in Colorado. I have specifically been researching those of Aspen and Telluride as they relai:e to the issue of smoking in restaurants. I have obtained copies of the ordinances from both communities and have enclosed them for your review. Although both ordinances are fairly long and involved, they can be concisely summarized. Telluride does not permit smoking in any public place except outside. The ordinance as it applies to the restaurant community is very restrictive in the respect that smoking is not allowed in either the dining areas or in the bar unless they are physically separate-and separately ventilated. It also requires a smoke free entrance into any dining area be maintained. This . means that if you must enter a,bar area in order to enter the • dining area; even•if the•bar is physically .separate and separately .ventilated; it musi:. be a. no . smoking :area ~ The only ' exempt~.ons from ttti.s are those. es.tab.l~ishments hc~•lr~ing tavern licenses•who must serve food to satisfy liquor requirements but have 60% of their income generated from alcohol. Aspen has very similar provisions in their ordinance for public places, but their ordinance differs in the. manner in which it addresses:smoking in restaurants. Smoking is not permitted in ~. •the dining --area of any restaurants unless they are physically '~ separate and separately ventilatedo. Aspen however .does allow smoking in the bar areas of restaurants to a distance of 15 feet from the permanent counter, This may be extended to encompass Saar rooms :car .c:ocktail lounges ..provided dining is nc~t occur°ing • ~ in the same roomo In Aspen as in Telluride, those :establishments licensed as taverns~are.exempt from the = pr.ovisions.of•their respective..ordinances. ~- •The ordinances~of bof:h communities also address the issue of smoke in the workplace. ' ~ ~ - ,~s` directed .by ~Ccauncil•, . 1" have contacted various .restauran~~, _.~ establishments in-each:of the two specific communities- to gather opinions about their respective ordinances, comments on the economic impacts (real or perceived) of the ordinance and possible suggestions £or our ordinance. These comments are included on the following pages with the name of the establishment, phone number and the first name of the individual ' to .whom I spoke. I am also attaching copies of memos from 3/88 and 5/88 which reflect the initial research done for the development of our existing ordinance. This is by no means an all inclusive list, but it is fairly representative. FLORADORA SALOON 728-3888 Suzanne Telluride's ordinance does not allow smoking in any public place. Most places are no smoking because they are not separately ventilated. No smoking is allowed at the bar unless it is completely separate and separately ventilated. We have not experienced too many problems because most people are for the ordinance. No loss of business. No smoking at this establishment, even at the bar. POWDER HOUSE DINING & SPIRITS 728-3622 Tony No smoking is permitted in any public places, but this affects. mainly the restaurants. There are three establish- ments in town with tavern licenses and you can smoke in them. This is a touchy subject because they must serve food .and yet restaurants can't do the same thing. All the restaurants have bars, but you are not able to smoke in those areas unless they are separately ventilated and physically separate. -Must maintain separate no smoking entrances into dining areas. The fine dining establish- ments in Telluride picked up the ordinance and are abiding by it. I feel we do lose a little of the local business because of the ordinance, but not many tourists. No tour- ists have come in and-left because they can't smoke. They may not come back, but they haven't lefto The law is a bit . too .strict. The restaurant community was not involved in drafting the ordinance, .it was drafted by the environmental commission. The ordinance -was then•.passed :o~.rerwhelmingly by public election. t~ good option to the existing ordinance would be to allow the dining area to remain no smoking, but to allow smoking in the bar. If smoking is allowed in the bar, smoke-eaters, etc. should be required to help prevent smoke build-up. EXCELSIOR CAFE~~ 728-4250 Sharon Personally in .favor of the ordinance .as she is a non-smoker - For.every complaint received we have four or five people who comment in support of the-ordinance. It.has not affect- • ed my .business in any large way - no down-turn in business. If..the .clients or patrons must smo3ce .they go outside. The response has .been very positive with' only about 5 very neg-~ ative comments in the past year. .My establishment is totally non-smoking~ax~d my~bnsiness may xiot have been af-fected -much because: we" don°~i~ serve:'dinner.. She feels the dev~ldpment'of the ordinance takes~~the~onus off the business owners because .they simply say it is town law. Shy recommends i~t for Vail. NEW ~2UMA' BAR ~ CAFi~ ~ `728°3669 John My bar is in the center of the dining room and it is diffi~ ~. cult to tell people they can't smoke and as a result he let's them. I don't think the ordinance is being enforced . very strictly in Telluride. Most of the restaurants are following the ordinance and I think it's a good thing. I am personally a non-smoker and in favor of the ordinance. I have asked people not to smoke at the bar when people are dining. There should be a provision for dining rooms to have a non-smoking section as people still like to smoke. O'BANNON'S IRISH PUB 728-6139 Janice We are not affected by the ordinance since we fall into the tavern license category. Some tourists have been very offended, very put out and may not come back. Personally am a non-smoker and would suggest passing and ordinance which prohibits smoking in the dining areas, but not in the -bar. " The ordinance is not effectively enforced. People smoke in the bar every day, seven days a week. The law was passed one year ago and people are breaking the law every day." The only way to smoke in Telluride is if the bar is completely separate. T-RIDE COUNTRY CLUB 728-6344 Will Kennedy Our ordinance is tougher than Aspen's, but I don't feel it has hurt business. I haven't experienced a loss of revenue but we have had many complaints. Our ordinance is not effective because it is not being enforced. It is a ridic- ulous ordinance in that no business or patron has been busted by the police. Now you must file a written complaint if you want enforcement. The ordinance is being enforced in the dining rooms, but not in the bars. I ques- tign the loss of potential income when people are informed they can't smoke and possibly leave very quickly after - dinner. MOUNTAIN FLIGHT CENTER/ALFIE'S BAR 728-3161 John.. We are located outside Town limits and are not really affected because of our location. We do ask people not to smoke in the main concourse, but they are permitted to smoke in the upstairs bar. EDDIE'S 728-5335 Dan In Telluride people don't seem to mind the ordinance, those that are aware of it. The locals are in favor of the ordinance. We have an outdoor dining area in the summer time where people are allowed to smoke while dining. We have not experienced any loss of revenue because of the ordinance. ATHENIAN SENATE 728-3019 Michelle We allow smoking in the bar area, but not in the dining area. We have a completely separate ,bar area. We have not experienced any loss of revenue. Some people have been offended by the ordinance, mostly it's the tourists who complain. In Telluride, all dining areas are non-smoking. and as a result nobody is experiencing any loss of revenue. These are comments made by Mary Jo Schillaci, Telluride's Town Clerk, about the smoking ordinance. The ordinance has been in effect for one year and prohibits smoking in any place where the public might be. In restaurant/hotel liquor license establishments there must .be physically separate rooms with separate ventilation systems or smoking is prohibited in both. Taverns are excluded from these requirements and smoking is allowed in these establishments. There are exterior ashtrays currently going up on all the buildings because of the accumulation of butts that was experienced. Guests to Telluride after the first season of the smoking ban have written suggesting that Telluride publicize the existence of their ordinance. This issue will be addressed by the marketing committee for this season. Many guests were .offended during the first season of the ordinance because they didn't know about the ordinance before arriving in Telluride. .. There was one :very .vocal .o.pponent to..thP ~ s.moking ordinance .. in the ~restatarar-~t community but th~y..have since 1e~'t town and now operate an establishment in Santa ke. ANDRE'S 295-6200 Our establishment is exempt from the ordinance, but we feel _the regulation is a good deal overall. The reaction to the ordinance was very tough in the beginning, but people have gotten used to it. ASPEN MINE CO. 925-7766 Paul There is no smoking in the restaurant area, but most people will go to the bar if they feel the need to smoke during dinner. People are generally pretty receptive to the ord- . finance. We have not experienced any loss of business because there is no place else they can smoke in Aspen while dining - the ordinance is uniform. I would suggest you make sure you advertise and get public input when developing the ordinance so people know what's going on. The ordinance developed in Snowmass Village provides for designated smoking areas. I feel I have experienced a net operational cost savings because I don't have to clean windows, drapes, etc. as frequently as well as no need to purchase ashtrays. I have not really experienced people getting upset when told they can't smoke. BARRINGTON'S 925-1500 Steve Seifert I personally love the ordinance being a non-smoker. I feel it would be very difficult to find anyone who has been negatively affected from an economic impact. The ordinance has been very well received by the tourists. Here at the - Inn at-Aspen we are not ,forced to comply because we are located outside of city limits. We are however, conscious of people's desires. Those customers who are told they can't smoke in the dining areas are happy to go to the bar to smoke. CHARLEMAGNE RESTAURANT 925-5200 Michael Steinhart The ordinance has had a very minor effect on business. The loss of revenue and number of angry customers are very slight. Some patrons leave when they find out we don°t have a smoking section. When the Aspen ordinance was in the developmental stages they could have had more restaurant community input. I don't feel the restaurant owner should have to tell patrons what they can do. In retrospect I am happy with the ordinance and there is a much greater degree of public acceptance now. The ordinance has led to reduced cleaning bills and the estab- lishment smells better overall. You must allow smoking in the bar or you would have outright rebellion. In order to establish a smoking section at Charlemagne's would have cost $7,000-$8,000.00 for the separation of the ventilation systems and as a result Charlemagne's dining area is completely non-smoking. Not only are the required changes to ventilation systems very costly, but they are also extremely difficult in buildings constructed during the 1880'5. TAKAH SUSHI 925-8588 Casey I am a member of the Aspen Restaurant Association and was originally opposed to the ordinance. I have not experienced any adverse economic impact. There is possibly one group of customers per winter who choose not to eat in this establishment and I receive possibly 5-10 complaints per year based on 20,000-30,000 patrons. Very few people even try to light up any more. There is no smoking allowed at the sushi bar, but it is allowed in the liquor bar which is located next to the sushi bar. The ordinance was developed with no sensitivity to the restaurant owners or association concerns. We were not communicated with during the development of the ordinance and yet we have to enforce it. Initially the ordinance allowed for smoking and non-smoking areas, but in the current phase the areas must be completely separate or they must be non-smoking. I feel the fines imposed for not posting signs are unfair and punitive. I was personally cited and fined $350 not for failing to post signs, but rather to post what the town felt was an adequate number of signs. Even if the ordin- ance were to be removed tomorrow, I would probably not allow smoking in my establishment because I feel it is the .,right thing to do. RED ONION 925-9043 Jim Yokum People are real happy .with .the ordinance. We have a front b:ar with .three booths where.:we:.al•l~w smoking, but there is no smoking in the dining area: You must provide some area where people can smoke, such as .the bar for those who feel the need for a cigarette after they've finished dinner. People have accepted the ordinance real well. There are no cigars or.pipes allowed even in the bar areas. I don't feel we have.lost any business because of the ordinance. Make sure signs are posted to notify people of the no °smoking status of your establishment .because people think it's rude to be .told to put out their cigarette after they have lit up if there are no signs posted. LITTLE ;ANNiE'S~EA'~'ING HOUSE 925-1098 Tom There have not been many problems in our. establishment or that I•have heard of in town. There was a.great deal of ~~. trepidation_:about he ordinance at first, but it .has worked out really wel.l.~ You can smoke in the bar or in a separately ventilated room. We have not experienced any loss of business as a result. In developing an ordinance _ .you must, be sensitive to the needs of the business •c.ommunity:and communicate with the business•owners. Aspen ..did not--do. this initially and it caused some bad press and bad .feelings in the community. 'You may lose a little business at first, .but not in the long run. PEPI'S RESTAURANT & BAR 925-8845 Steve There has been no economic impact on business and we haven't experienced any problems with our patrons. He was initially opposed to the ordinance, but currently thinks it's a good thing. Signage in establishments is important because it takes the burden of enforcement off the wait staff. There is no smoking in our dining area, but it is allowed at the bar and it seems to be a workable compromise. There are a few places like Andre's and Cooper Street Pier where you are allowed to smoke and eat at the tables and some people go there to eat because they know they can smoke with their meal. MOTHER LODE 925-7700 Randall No problems, but it is a pain in the butt. It is getting to be quite the thing and people can be trained to do anything. The ordinance is a bit of a surprise to people who don't know about it. SILVER QUEEN (HOTEL JEROME) 920-1000 Bob There has not been any .economic effect either positive or negative. People are mostly used to the ordinance. This past summer the tourists in the 50-60 age range found it a bit obnoxious and I know I lost business once or twice because we don't have a smoking section. Smoking is not a pleasant experience while dining. I would suggest you don't try to ban smoking in a. restaurant, but do a manda- tory no smoking section as a first step. If there is no area of separation between the bar-and the dining area it is absurd to allow smoking at the bar but not at the tables. There are no enforcement problems that I'm aware of, but I don't think it's heavily enforced in Aspen. I do know of one instance where a couple was fined for smoking in the dining room of an establishment. A city council person was dining in the same establishment and the couple in question didn't-care if they were fined. They were going to smoke and they could afford the fine. EASTERN WINDS 925-5160 Make sure there is a smoking and non-smoking section provided if possible. I have two completely different dining rooms 20 feet apart, but I can't allow smoking in the back room because they aren't completely separate or independently ventilated. Many of our customers like the no smoking. If there are no separate rooms, make the dining all non-smoking and allow smoking at the bar. She suggests some type of divider if going with smoking and non-smoking in the same room. She can't really say she's lost business because of the ordinance. Approximately 100 people turn around .and don't enter her establishment because they think it's just her business which doesn't allow smoking, but once they realize it isn't things even out. UTE CITY BANQUE RESTAURANT & BAR 925-4373 John Walla There are many varying opinions in Aspen about the ordin- ance. The ordinance is written in a very mean spirited style with a very anti-smoking slant. We are able in'this establishment to have separate ventilation, but many places are not able to achieve this and as a result cannot allow smoking in any part of their dining areas. The winter skiing population has a higher percentage of smokers and he estimates approximately 30,000 guests may be offended per season by the ordinance who might not be coming back. He doesn't feel it is the.duty of the restaurants to cram this down people's throats. He feels the effects of secondhand smoke are being exaggerated. Should require a nominal no .smoking area with a buffer between smoking areas. If an ordinance is developed and smaller places who are unable to accommodate a smoking and non-smoking area, given the choice many will become non-smoking. It is not the job of a resort to harass people who are on vacation. The City of Aspen can no longer accommodate the smoker and for the most part smokers are very conscientious when asked by a non-smoker to put out their cigarette. In his opinion there are 5% adamant non-smokers and 5o adamant smokers and .the rest fall somewhere in the middle and don :t have strong feelings one way or .the other. *****John has dine,considerable research on different ventilation systems which:ar:e viable ai_ternatives to com- a pletely separate systems and would be willing to ,share that knowledge if asked. -- ®I°®wn ®f 'Telinr~de ~dlmm~ce N~bex S 2 0 AP7 ORDINANCE STRENGTHENING THE CLEA3d INDOOR AIR ACT WHEREAS, on November 17, 1987 the Telluride Town Council adopted Ordinance 812, 1tAn Ordinance Amending the Clean Indoor Air Act to Allow Certain Businesses to Designate Smoking and Non'Smoking Areas"; and WHEREAS, such ordinance effectively weakened the health protections from passive smoking in restaurants and places of employment which were contained in earlier versions of the Clean Indoor Air Act as sponsored by the Telluride-Environmental Commission; and WHEREAS, concerned citi~eris now feel it necessary to strengthen the Clean Indoor Air Act through the initiative process and :vote of the electorate. NOW, THEREFORE, BE ZT ORDAINED by the people of Telluride, Colorado theta Ordinance 802, Series 1987 and Chapter 8.03 of the Telluride Municipal Code, "The Clean Indoor Air Act°°, are hereby parts-ally amended to read as follows: Section One Definitions Added Section 8.03.020, "Definitions", is amended by .addition of the following subsections: J. 9'Dining areat9 means any enclosed area containing a counter or .tables upon which meals are served, excluding the: bar area. K. "Bar area" means an area that includes a permanent counter which is predominantly devoted to serving alcoholic; beverages and within which the service of food is only incid°ental to the consumption of such beverages. L. "Restaurant!' means.'an'eati-ng establishment not licelnsed as a -bar-and, which contains a~ dini.ng 'ar-ea a.nd possibly a bax~ area. Section Two Smoking Regulated in Smaller Places of Employment Section 8.03e050, an exemption pertaining to "Regulation of Smoking in Places of Employment", is hereby amended by deletion in its entirety of subsection (3): (3) Places of employment which privately employ six (6) employees or less are exempted from the provisions of this Chapter, except the employee desk no-smoking provision of subsection 8.03.050.A.3 shall remain applicable to such places of employment. Section Three Designated Smoking Areas Limited Subsection B of Section 8.03.070,"Exceptions and Variances" to the general prohibition against smoking in public places, is hereby amended to read as follows: Pale 1 ®~ 2 Town of Tellaride ordlnnnce xamber s z v B. In any restaurant or eating establishment, the proprietor or person in charge may designate up to fifty percent (50~) of the square footage of the dining area as a smoking area, provided that the designated smoking area is posted as a "smoking permitted" area and is independently ventilated and physically separated from the non-smoking areas. For purposes of this Chapter, "independently ventilated" shall mean that the ventilation system for any area in which smoking is permitted and the ventilation system for any non-smoking area do not have a connection which allows the mixing of air into the smoking and non-smoking areas. Physical separation shall include physical barriers such as walls and doors, extending from floor to ceiling, that prohibit smoke from entering a non-smoking area. The designated smoking area shall not include a waiting area. Section Four Repealer All provisions of Ordinance 902 and Chapter 8.03 of the Telluride Municipal Code which are inconsistent with the provisions of this initiative ordinance are hereby .repealed to the extent of any such inconsistency. Section Five Effective Date This Ordinance shall become effective upon publication of notice of passage by the voters. IT IS SO ORDAINED THIS 5th day of April, 1988. CERTIFICATION OF ADOPTION: ~ ~ - -- Leslie Sherlock, Town Clerk Pa#e ~_ of ~_. AN ORDINANCE AMENDING THE CLEAN INDOOR AIR ACT TO ALLOW CERTAIN BUSINESSES TO DESIGNATE SMOKING AND NON-SNORING AREAS °® ®~ °Tellaride ~~ee N~ber 8 0 2 WHEREAS, on June 2nd, 1987 the Town Council passed Ordinance 781, known as The Clean Indoor Air Act, as codified in Chapter 8.03 of the Telluride Municipal Code, and subsequently extended the effective dated so that the Act is not yet in effect; and WHEREAS, Telluride restaurant, bar and business owners have petitioned the Town Council to amend the Clean Indoor Air Act in order to address concerns over fairness, practicality, and economic impacts of the Act as originally enactedt and WHEREAS, the Town Council deems it to be in the best interest of the community and smokers to control and limit smoking in public places or places of employment consistent with the following amendments. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Telluride than Section One Revision and Reenactaent Chapter 8.03 of the Telluride Municipal Code, "The Clean Indoor Air Act1°, which is attached hereto and incorporated herein. by reference, is hereby revised and reenacted in its entirety as set forth in the attached Act. All provisions of Ordinances 781, 785, and 793 are hereby superseded and repealed. Section Two Effective Date 'This Ordinance and The Clean Indoor Air Act shall become effective on December 2, 1987. INTRODUCED AND READ by the Town Council of the Town of Telluride, Colorado on the Sth day of October, 1987. READ AND PASSED by the Town Council of the Town of Telluride, Colorado on the 17th day of November, 1987. MAYOR ATTEST B. J. Lenihan, Mayor Les a Sherlock, Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Steph n B. John n, Town Attorney Pie ~ ®f 1 , Chapter 8.03 CLEAN INDOOR AIR ACT Table of Contents 8.03.010 8.03.020 8.03>030 8.03.040 8.03.050 8.03.060 8.03.070 8.03.080 Legislative Intent and Purpose Definitions Smoking Prohibited Structural Modification Not Required Regulation of Smoking in Places of Employment Posting of Signs Exceptions Enforcement 8.D3.O10: Legislative Intent and Purpose A. The .smoking of tobacco, or any other weed or plant, creates air pollution which constitutes a material annoyance, discomfort, and an actual health hazard to persons who are present in confined spaces. 'the purpose of this Chapter is to .protect the public health, safety,, and welfare b.y. controlling and limiting the :smoking ..of tobacco,- .or :any. weed ®.x p,l;ant`,., in public places~or places of employment as hereinafter .set forth. B. The restrictions and limitations of this Chapter shall be viewed as minimum standards, and should not be construed as limiting in any way the authority of persons in control of a public place from prohibiting smoking within their establishment altogether. 8003.020 Definitions Ae Enclosed area means an area within a building closed in by a roof-and walls with appropriate openings for ingress and egress. B. Bar shall mean a "tavern!', .or a facility licensed to . operate as a 1°~tavern°°, as set .forth in the Colorado Liquor Code, C.R-:S. 1~2°47103 (-27.5) , defined as an establishment servi~~q malt, ~. vinous and spiritous liquors in which the principal business is the sale of such beverages at retail for consumption on the premises and where sandwiches and light snacks are available for consumption on the premises. C. Child care center means a facility, by whatever name known, which is maintained for the whole or part of a day for the care of five or more children under the age of sixteen years and not related to the owner, operator, or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes facilities commonly known as day care centers, day nurseries, nursery schools, kindergartens, preschools, play groups, day camps, summer camps, and centers for mentally retarded children and those facilities which give twenty-four-hour care for dependent and neglected children and includes those facilities for children under the age of six years with stated educational purposes operated in conjunction with a public, private, or parochial college or a private or parochial school; except that the term shall not apply to any kindergarten maintained in connection with a public, private, or parochial elementary school system of at least six grades. The term shall not include any facility licensed as a family care home under the provisions of C.R.S. 26-6-101 et seq. D. Public place means any enclosed area to~which the public is invited .or which serves as a place of work, or in which the public is permitted, including but not limited to: bank lobbies, education facilities, government offices, health facilities, reception areas, restaurants, retail stores, auditoriums, arenas, theaters, waiting rooms, hotel and motel lobbies, retail service establishments, libraries, meeting rooms, recreational facilities, terminals or public conveyances. A private residence is not a public place. The term "public place" also includes all areas identified in Telluride Municipal Code Section 8.03.030 as areas where smoking is prohibited. E. Smoking means the combustion in any cigar, cigarette, pipe, or similar article of any form of tobacco or any other combustible substance in any form. F. Theater and auditorium means any enclosed area devoted to exhibiting motion pictures or presenting theatrical performances, lectures or like entertainment. G. Employee means any person who provides services to an employer for monetary consideration or profit. -2- H. Employer means any person, partnership or corporation, including public or municipal corporations, who employs the services of any person(s). I. Place of employment means any enclosed area under the control of a public or private employer which emp-loyees normally frequent during the course of employment, including but not limited tQ, work areas, employee lounges, conference rooms, or employee cafeterias. A private residence is not a place of employment. 8.03.030 Smoking Prohibited •Smoking is prohibited in any public place unless specifically excepted by this Section or by Section 8.03.070 of this Chapter. These public. places where. smoking is prohibited include: A. Elevators. Smoking is prohibited, and is unlawful within elevators in buildings generally :used by and open to the public, including elevators in of•fi.ces, hotels, and.multi~--family .-. buildings. ~. E~ Child care -facilities-. ~, Sm-okin.y is prohibited, and is unlawful within child care centers. C. Hospitals and health care facilities. Smoking is prohibited and .is~tanlawful in public areas of health care facilities and hospitals, as- described in C.R.S. ,~2.5-3--101 ,as it may be •amend:ec~., including community. .clinics,waitir~g ,rooms, public hallways and lobbies. ~. Public meetinq•rooms. Smoking is prohibited and is unlawful in hearing roomso conference rooms, chambers,, places of public ass~~mb•ly :iri which public b•us-mess ~ is conducted, which requires. or •pra~vides direct. pa•r-t~.c-ipation or observation of the general public. _ . E. Public rest-~•doms. ,Sm~o~k-ing -is -prv~iik~itec} acid •is ~un~.ataful ~.n public restrooms. °3- F. Indoor services lines. Smoking is prohibited and is unlawful in indoor services lines in which more than one person is giving or receiving services of any kind, whether or not such services involves the exchange of money. G. Eating establishments. Smoking is prohibited and is unlawful in every publicly or privately-owned coffee shop, cafeteria, short-order cafe, luncheonette, sandwich shop, soda fountain, restaurant, or other eating establishment serving food, except .that smoking may be permitted at the option of the owner of the establishment in: 1. Any enclosed or physically separated room or area in which a ventilation system is in operation and is complying with all current Building code and Mechanical Code ventilation requirements applicable to new structures, additions, or alterations, and which room is used for private functions. 2. Any designated smoking area as provided for in Section 8.03.070.8. H. Retail stores. Smoking is prohibited and is unlawful in all public areas of retail stores, including grocery stores, retail services establishments, retail food production establishments and drug stores. I. Public conveyances or terminals. Smoking is prohibited and is unlawful in any public conveyance or terminal. J. Sporting arenas. Smoking is prohibited and is unlawful in sporting arenas. K. Public schools and libraries. Smoking is prohibited and is unlawful in public schools and libraries. .. L. Common enclosed areas of hotel or motel lobbies. Smoking is prohibited and is unlawful in common enclosed areas of hotel and motel lobbies. -4- 8.03 ° 040 Structural codification Plot Required A. Nothing in this Chapter shall require the owner, operator, or manager of any existing theater, auditorium, health care facility, or any existing building, facility, structure, or business, :to incur any expense to make structural or any physical modification to any area, provided, however, that existing restaurants and eating establishments which remodel more than 50$ of valuation as determined by the Building Department within a 12-month period shall be required to comply with all current Building Code and P~echanical Code requirements applicable to new structures, additions; alterations or repairs. B. Nothing in this section shall relieve any person from the duty to post signs or adopt policies as required by this Chapter. 8.03.050 Regu~.ation of Smoking in Places of Employment The places subject to regulation pursuant to section 8.03.030 shall not be deemed places of employment for the-purposes of this subsection. The following regulations apply to places of empa,oyanent o A° 5d.ith,n sixty f 60} _day.s- after• the ef•fective•-date of this •~;hapter, each employer shalladopt, implement, and maintai~i a smoking policy which shall contain, at a minimum .the following elementsa 1.° Prohibition of smoking in employee conference and .-mee.tir,g:rooms;.classrooms, auditoriums; restrooms, • medical facilit-es, hallways, elevators,~cafeterias and lunchrooms. 2. :provision and. ~nai.nte-nance of no-smoking areas in :employee.lounges~th.at effectively grovide-a smoke free - -e.nvi.ronment •f or .non-smoking employees. -• :3. ~ny.emplayee in..a place of employment shall be • given t:he :right: -to designate his or he?° wo,~k area- as a non-smoking area and ~to post; it with . appropriate sigrrso_ The• policy adopted by the employer .sh'.all incl:ud:e a :definition :-o~f the term = . - imyuedi~ate work. area :which •gives prefe•~ential cone - sideration to non-smokers. -5- 4. In any dispute arising in the work place under the smoking policy, the health concerns of the non-smoker shall be given precedence. 5. Except where .other signs are required, whenever smoking is prohibited, conspicuous signs shall be posted so stating. B. The employee smoking policy shall be communicated to all employees within three (3) weeks of its adoption. C. Notwithstanding the provisions of subsection A. of this Section, every employer shall have the right to designate any place of employment as a non-smoking area. D. No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such an employee or applicant exercises any rights afforded by this Chapter. E. This section is not intended to regulate smoking in the following places under the following conditions: (1) A private home which serves as a place of employment, except when used as a child-care or day-care facility. (2) A private enclosed place of employment occupied exclusively by smokers, even though such a place of employment may be visited by non-smokers, ex- cepting places in which smoking is prohibited by fire marshal or by other law, ordinance or regulation. 3) Places of employment which privately employ six (6) employees or less are exempted from the provisions of this Chapter, except the employee desk no-smoking provisions of subsection 8.03.050A.3. shall remain applicable to such places of employment. F. An employer shall post "No Smoking" signs in any are a ~~ designated as a non-smoking area and a "Smoking Allowed" sign in any area designated as a smoking area. -6- 8.03.060 Posting of Signs To advise persons of the existence of °'No Smoking or Smoking Permitted" areas, signs shall be sized and posted as follows: Aa Minimum Size Requirements. Signs using the words "No Smoking" or 1°No Smoking Except in Designated Areas" shall be written with letters not less than three (3) inches in size. The international no smoking symbol or an equivalent creative symbol shall be not less than .five (5) inches in diameter. E. In public places where smoking is prohibited pursuant to this Chapter, a sign using the words t'No Smoking" and/or a no smoking symbol shall be conspicuously posted~at every public entrance, or in a position clearly visible on. entry into the establishment. ~C.. In public places where certain areas are designated as smoking areas pursuant to this ordinance, the statement "No Smoking Except in Designated Areas" shall be .conspicuously posted in all public entrances, or in a position.clearly~~visible on • entry into the .establishment. lr~ addition,. the person-having the authority. to manages . ar~d ~•ontrol any: area: _des.i_g:nated as a non~.smoking_ area-•sYx~all~ p:2~t ~o~: shaull .cause- t~~~ bo•:-p©sted arzd pro~inentl.y. e~isplayed, a:nd s•hakl ~ainta:Ln -99ido _Smo~eir~g:" signs in conspicuous locations within said areas,- X11 such signs shall clearly and conspicuously recite the phrase °1No 5mo}eing19 and/or use the international no smoking symbol ;or an •:ee~ival-ent creative symbol. .The signs •shall- be posted •not less than five (5) feet nor more .than eight . (8). feet.-•above floor;. level and shall be of sufficient number .and 1.ocati:ons to cause at leas4~ •one of the signs to be. .clearly :visible,. legible and readablQ from any location within the .enclosed area. 8.:03 .,0'10. Exceptions :and Variances :.:Ao .Smoking is not prohibited, a1-though• no.--smoking areas are encouraged, in :p~-ivat,~~ area s• and rooms .while..-ir,.,u~.s.e for pi $vate social functions, :in the facilities of a pr.ivate.or members only s~rgani~zation, prva•:te :.h.os-pital rooms, psy.~hiatric or psychological counseling faciY~.ties,. jails-, .b,a•r.s.,~ ar- ~s•tores ti~at deal .exclusively in. .-tobacco ..products attd: accessories. °7- B. In any restaurant or eating establishment, the proprietor or person in charge may designate a variable smoking area of sufficiently limited size to accommodate, without unreasonable delay, patrons who request to be seated in the remaining non-smoking area. The proprietor is encouraged to separate said smoking area by physical barriers wherever possible. A physical barrier may include, by way of example, separate rooms, aisles, or split floor levels. Delay shall he deemed reasonable if it is equal for smokers and non-smokers. If awaiting area or bar service area is located in the eating establishment, such areas may be designated as smoking areas. Patrons must be advised by the host or hostess (if any) and by signs (formatted to comply with section 8.03.060) that designated non-smoking areas are available in specific locations. Smoking will be permitted in areas designated hereunder as smoking areas. C. Any owner or manager of a business or other establishment subject. to this Chapter tray apply to the Board of Adjustment/Appeals for a variance from the provisions of this Chapter due to unique or unusual circumstances or conditions. The burden will be on the applicant to show that the provisions of this Chapter cannot be complied with without incurring unduly - burdensome expenses for structural or other physical . modifications, other than posting signs, resulting in unnecessary -- hardship and that the provision for which-the-variance is requested will not result in a danger to the health of the public, including the business clientele. 8.03.080 Enforcement A. The town manager or the town manager's designee shall be responsible for compliance with this Chapter with regard to facilities which are owned, operated or leased by the Town of Telluride. B. The owner, operator, person in control or manager of any facility, business, agency or other place of employment shall post, or cause to be posted all "No Smoking" signs required by '`this Chapter. Owners, operators, managers or employees of same shall be required to notify persons in violation of this Chapter of the provisions of this Chapter. The duty to so notify a violator shall arise when such person becomes aware of such violation, and such duty shall be the sole enforcement obligation of such person. -8- r Co Violation of any of the provisions of this Chapter is hereby declared to be a public nuisance, which may be abated pursuant to the provisions of Telluride Municipal Code Chapter 8v04, °°Nuisances1°o Any citizen may register a written complaint for violation. of this Chapter with the town manager or town manager°s designee, In addition, any such citizen may commence an action in Municipal Court by summons and complaint to enforce the provisions of this Chapter pursuant to th.e procedures set forth in Chapter Se04, "Nuisances"e ®e Any citizen who desires to initiate enforcement under this Chapter register a complaint with the town manager or town manager°s designees Eo The town manager or .the town manager's designee may enforce the provisions of this Chapter by either one of the following actionse le Serve notice requiring correction of any violation of this Chaptero 2 o Requesting tkr.e town -.attorney .to initiate appropriate enf®rcement.proceed.inga, including without:::liffiit.atar~n-,: the.,in:j;t~tion o.f::$.- complaint in muni~;ipal ~cour~t• .or theinstitution of injunctive, declaratory, or other appropriate action.to prevent, enjoin, abate or remove such violationo ~o Any person convicted of any p~r.ovis:ion'of this Chapter shall be subject to a fine not to exceed three hundred dollars ($300000) for each separate offense, and may be enjoined from any further offense or continued violation thereofo Each day any violation of this :Chapter shall continue. shall constitute a separate offenseo G-o Any remedies provided for herein shall be. cumulative and not exclusive. anal shall be. ~:n addition to a,ny other remedies provided by laws (Order "Adoo 802, 1987) -9- A ' ~ ~ ,o F~ECOftU OF f'(3OCl=LI)I~JGS 100 Lc~vta ,~a ., ~ ............... . .... oR~Ir•tANCr•. No. 3~ • (Series of 19135) AN ORDINANCE E;Il~CTI:IG !~ ^IE,4 ARTICLE IV TO CHAPTER 11 OF 'THE MUNI- CIPAL CUUE OF THC CI'i'.' 0"r ASPEN, COi.~ORADO, TO E3E KNO~JN AS "Tl1E ' CITY OC' ASPEN CLEA:; I.';i}70R I~IR 11CT", Z'0 COi1'I`ROL At7D LIh1I'C THE Sh10Y,ING OF 'I'OfiACCO Qi: i•.;lY OTIlLR s'7cen oR PL~AN'C IN INDOOR PUBLIC ° PLACES .AND PLACES 0? ~';PI,OYh1ENT. AS SET FORTH THCREIN; PRCSCRI(3ING PEtdALTIC:S Ai`1D REi•i~ DI~Sr'Olt THE VInLA'1'ION Tl1CREOF; A~1FNDIIJG THF, GF.Nf•;RA1, PE;Ii~I,TY ?~R~~'liS ION CURRI•;I•ITLY NUML~(;1tEn SC;CTIOi•7 1 1 -~ , 1 SO AS TO 1tENU~1C;ER Sf~ID SECTIO;J TO 1 1 -5 . 1 AND REFLI,C'1' THA'r..THE PENALTY \, FOR A VIOLATION 0,° :r'° CITY OF ASPEN CLEAN INDOOR IiIR ACT SHALL _ NO'I' INCLUDc? I;•1PRIS~.i:::!~:+T E3UT SMALL CS I;LIi•lI'I'L'D TO A FI~IL OF NOT MORE TE1/1N T:lit%E HU:;D%EJ DOLLAP,S; A*1D DIItl:CTII~G THAT CI1.4PTER 11 ,OF T1iE htUId.ICIPIIL CODE ~E :'tF.;URG.'1IdI?,L•'D 'i'0 [:L•'FLI:C'1' TI1C DIVISIOPI OF SAID CHAPTER INTO VARIG~S ~•,?.TIC LC:S 1~1113ItEAS, tl~e City Council finds that the smoking of tobacco, or any other weed or rlai~t, i.s a form of air pollution, a positive danger to health a::^.d a material annoyance, inconven'ienc~ , nui- sance, discomfort and a health hazard to those who are present in confined si~aces; and ZJHEREAS, the City Council of the City of Aspen deems it to be • .in the best interest o: the City, and its residents .and visitors, . to control and lim:~ the smoking of tobacco, or any weed or plant, in public places and ;laces of employment, and to enact a new Article IV to Chapter 11 of the h:unicipal Code of the City of Aspen to be };nown cec,^:only~ as the "City of Aspen Clean Indoor Air tic t" . NOI1, THERE FU: E, a~ IT ORDAINED 13Y THE CITY COUNCIL OF 'THE CITY OF ASPEN, COLCR.yDO. Section 1 That Chapte~• ~11 of the t•tunicipal Code of the City of Aspen, Colorado,. is hereby a:,,ended by renumbering Section "11-4.1 Penal- ties and Relief" thereof to "11-5.1 Penalties and Relief", and adding a new Article IV, to .read as follows: ~•' fiECUfiD OF Pf~OCEEDINGS 100 Lcavcs "ARTICLE IV S:~OtIt1G IN PUBLIC PLACES Sec. 11-4.1. Short `fi.tlp. This articlA shall be known as and it may be cited as the "Cite of Aspen Chan Indoor Air Act". Sec. 11.42. Legislative Intent and PurPoses_ The City Council finds that the smoking of tobacco, or any other weed or plant, is a form of air pollution, a positive ~ danger to heal::^. and a mat?rial annoyance, inconvenience, nuisance, disco::fart and a health hazard to those ~~ho are present in nonfir.:d• s}aces, and in order to serve public , health, safety ~n~ welfare the declared purpose of this arti- cle is to control and limit the smoking of tobacco, or any reed or plant, in oub].ic places and places of employment as' hereinafter sit :^rth. The City Council intends t'nat the restrictions a^d '_imitations of this article be viewed as minimum stan:'.ar:'~, and should not be construed as limiting in any 4~ay t}'ie a::':~:~:~ity of persons in control of a public place fr.o,n prohibitir:' z:~okirzg 4rithin their esL•ablishment alto- • gether. • Sec. 11-4,3, nefini.tions. (a) "Bar area" -.cans an area comprising fifteen feet or less from the ;:•~r'_meter oi: a permanent counter which is Uri- ' marily c?e~~otec3 to serving alcoholic beverages and within ~ahich the service of food is only incidental to the con- sumptioi; o` each beverages. Although a restaurant may contain a bar, the term "bar area" shall not include the restaurant/c:nine area. The City Council (or its desig- nee) may e;:~~nd tl~e L•ifteen-foot limitation to encompass a larger arcs uno~n a d:monstration by the o~;ner of. an establish-:er.t t'nat such area is primarily devoted to the serving of alcoholic beverages (such as a bar room, cocktail lo;:;,ge or similar Facility) and the service of food is o~l;•~ incidental to the cons~imption of such beverages. (b) "Dining area" r,~eans any enclosed area containing a coun- ter or to:ales upon a;hick meals are served, excluding the bar area. (c) "Enclose~~" -:pans closed in by a roof and four walls with appropriate .~per~ings f.or ingress and egress and is not intended to :•~ean areas commonly described as public lob- bies. (d) "Public plate" means any enclosed area to which the pub- lic is invited or in which the public is permitted, including, :~:~t not limited to: banks, education facili- ties, hfalt;•~ Facilities, public transportation facili- ties, rec~~ti~~n ~~reas, restaurants, retail stores, retail ser~•ioc e.tabli ;i~mE~nts, waiL•ing rooms. A private residence i~ not a public ul ~~c? . 2 1 ~ECOr3o or r~l3occ~r~lrvc,s 100 Lcnves IM•Y I I .•.1•r.. . . \ 1 •.1 (c) "Smokin?" ; ~ Inns the combustion oC any ci~~ar, ci~~ar:~~ttn, pipe, ~or i-.i.lar article, u~sin~~ any form of tobacco or other cl~rnb•:stiolc cuk~stancc in any form, (f) "Ttreat~r ar.:~ nuditoriurn" me~nns any enclosed area dev~~ted to exhibiti~.g motion pictures or presenting theatrical performances; lectures or like entertainment. (g) "Employee" :-eans' any person who is employed by any empioy~r i. r. consideration for monetary compensation or profit. (h) "Emplo}per" -pans any Parson, partnership or corporation, including r~.~.:nicipal corporation, who employs the ser- vices of ar.i person(s) . (i) "Indep~:nden~ly ventilated" means that- the ventilation system for any•13rea in which smoking is permitted and tl~e ventil~=ion system for any nonsmoking area do not have a can::-action ~~hich allo~•,s for the mixing of air from the J-. J.\ing and nonsmoking areas. (j) "Place o`. =-;oloyment" means any enclosed area under the •' control .of ~ public or private employer which employees normally fr=_q~ient during the course of. employment, including, but not limited to, ~vork area, employee lounges, cc^°erence rooms, and employee cafeterias. A private residence is not' a p~.ace of employment. Sec. 11-4.9. S.~-:okincLProl~ibited. (a) Elevatcrs. Smoking is nrohibitcc9 and is unlawful within elevaters i~; buildings generally used by and open to the public, inclul9ing elevators in office, hotel, and multi- family huii6ings. (b) Hospitals a^d Health Care facilities. Smoking is pro- hibited and is unlawful in public areas of health care facilities end hospitals, as defined in Section 25-3- . 101, C.F..S., as it may be amended from ..time to time, including~~:citing rooms, public hallways a.nd lobbies, except in ~:~ecially designated smoking areas that are physic~ll.l}/ separated and independently ventilated, (c) Public "teeting Rooms. Smoking is prohibited and is unla~aful in gearing rooms, conference rooms, chambers, places of ~I.:blic .assembly in which public business is conducted, ••:hich requires or provides direct participa- tion or observation by the general public. (d) Public Restrooms. Smoking is prohibited and unlawful in public rest:•ooms. (e) Indoor Se:•vice Lines. Smoking is pr ohil~i.ted and is ,unlawful in indoor service lin~s'in which more than one person is eiving or., receiving services of any kind, wl~etl~er o~• not such service involves the exchange of money. (f) L'atii~~~ ;.'~t:~lisl~ment~. Smo)cing is prohibited and is • unl,~wf:ul i;~ every publ icl}~ or l~r. ivately owned cof. fee 3 1 RECOf?D OF PfZOCEEDINCS 100 Lewes IN• M [. I, /111/11 . /.. 1 l1. • shop, cafFlteria, short-order c~zL-c, Luncheonette, s~incl- wich shop, ~o%a fountain, restaurant, or other crating establishment serving food, oxcept unclcr the following circumstances where sinokin7 may be permitted at the option of the owner of the establishment:. (1) Any area exterior to .the. building in which the es~tabli:,hment is located. ' (2) The smo%ing of cigarettes in any; bar area as defined in Section i1-4.3(a). The smoking of pipes 1 and cigars shall r,ot be permitted in 'such area. ~ (3) Any enclosed rooms which are being used'for private functions. (4) Until- Ju:rs• 1, 1986, the smoking of cigarettes in • any interior area limited .to not more than fifty percent (COs) of contiguous floor space oL• the dining a. ea and which is specifically designated and sign:=d as a smoking area. The smoking of pipes and cig~~s shall be prohibited in such area. (5)• After J~_-:e 1, 1986, in a secondary, physically separatL~ and independently ventilated ir.t,erior area tha= is specifically designated and signed as ' a "Smo%'_-g Permitted" dining area, provided ti~at 'such secondary dining area shall not exceed in • square ,footage an area equal to fifty .percent (50~) of the s~uure footage of the primary dining area. The s;~o:ci~g of pipes and cigars shall be prohibited in such area. . (g) Retail Stores. Smoking is prohibited and is unlawful in all public a:.as of retail stoles, including grocery • stores, reta'_? service establishments, retail food pro- . duction estat'_ishme~~ts, and drug stores. Sec. 11-4,5. Structural_I`lodifications_Not_Reguired. (a) Nothing in this article shall require the owner, opera- : - tor, or man=;ar of any existing theater, auditorium, . health care.:~cility, or any existing building, facil- ity, structu::, or business, to incur any expense to ma};e structu:sl or other physical modifications to any area. ' .(b) Nothing in this section shall relieve any person from ' the duty to cost signs or adop>: policies as required by this article. • • Sec. 11-4.6.~ Re~~ulation_af_Smokinq in_P1acFS_of_Employment_, ' The places subje:.t to regulation pursuant to subsection 11.4 shall not be .-lee:,ej places of employment for purposes of this subsection. T_he collo~.linc~' regulations ~np}ply to pl~nces of emplo~Iment . ' (a) ~l~ithin r~inet}• diys of the etCective date of this ordin- ance, each ~-:Moyer shall .~do}~t, implement, and maintain ti ., q fiECORL) OF f'ROCEEDIIVGS 100 Leaves .a wril•L•~•n sm-eking policy which st~a11 contain at a mini- mum the Poll-~~~~ing: (1) l~rohit-,ition of •smoking in employer conference and meeting rooms, classrooms, auditoriums, restrooms, medical Facilities, hallways, and elevators. • (2) 1?rovision and maintenance of no smoking areas in caf~:terias, lunchrooms and employee lou:lges that eft~cti~~ely provide a smoke-free environment for nonsmoking employees. • ~ (3) Any ~,mployee in the place of employment shall be given the right to designate his or her immediate area as a' nonsmoking area and to post it with appron:•iatc signs or sign. The policy 4zdonted by the ~;°ployer. shall include a definition of the term immediate wort; area ~~l~ich gives. preferential con- sid~ration to nonsmokers. • (4) Jn any ::ispute arising in the work place under tt~e smoking• policy, the rights of the nonsmoker shall be given precedence. ~ • • (5) Lic~~pt •~here other signs are requir.~d, whenever smokin; is prohibited, conspicuous sign. shall be • posted so stating.' • (b) Ttie smoking ;.olicy shall be communicated to all emplo}~ess :di :.hin three weeks oL- its adoption. (c) Notwithstzn~: i ng the provisions oL- subsection (a) of this sectio:~, ev~:y employer shall have the right to desia- r.ate any place oC employment as a nonsmoking area. (d) This section is not intended to_ regulate smoking in the following places and under the following con~3itions: (1) A private home. which may serve as a place of emplo}r.ent . (2) An}~ prcpei:ty owned or leased by other governmental agencies. • (3) ~ priv :.e enclosed place of emplo}~ment occupied exclus'_vely by smo};ers, even though suc}~ place of emplo~•-ent may be visited by nonsrokers, excepting places in which smoking is prohibited by Lire mar- shal or by other la~•~, ordinance or regulation. 5 r~ECOE~n or i~r~ocecr~iNCS goo ~c~~'~~s (e) nn ernployc~r ;h.?11 Ego:;t "No Smoking" signs in any ar.ca designat~~J as a nonsmoking ar.ca acid "Smoking allowed" signs in any area designated as a smoking area. Sec. 11-4.7. Posti.ng_of_S i ns. To advise perscns of the ex ist,ence of "No Smoking" or "Smok- ing Permitted" areas, signs shall be posted as follows: (a) In public places where no smoking is permitted pursuant to this article, a sign using the words "No Smoking" and/or the international no-smoking symbo'1 shall be con- ~ spicuously posted either on all puhlic entrances or in a position cl~~rly visible on entry into the establish- ment. (b) In public places where certain areas are designated as smoking areas pursuant to this ordinance, the statement "No Smokin? except in Designated I~reas" shall be con- spicuously osted on all puk~.lic e:trances or in a posi- tion clearly visii?le on entry iriL•o the' establishment. In add itiC,'!, the person having the authority to manage and control any area designated as a nonsmoking area pursuant to this article, sl~a.ll post or causo to be posted a^~ ~=ominently displayed, and shall maintain "t~1o Smoking" signs in conspicuous locations within said areas. All such signs shall clearly and conspicuously recite the chrase "No Smoking" and/or use the interna- tional no-s-:oking symbol. The signs shall be posted not 1 ess than S feet nor more than 8 feet above L lcor .l ev e1 and shall ~e of suff. iciest num!?er and location to cause the message of at least one of the signs t:o be cleariy visible, legible, and readable. Sec. 11-A.8. Exceptions. (a} "No Smoking" areas are not required, although they are encouraged, in private areas; hot.^1, motel, and lodge meeting and assembly rooms rented to guests; F:otel and motel lobbies; areas and rooms 4~hi.le in use For private social functions, the facilities oL- a i?rivate or members only orga!;ization, private hospital rooms, psychiatric or psycholo7ical counseling L-acilities, jails, bars, o~ stores that deal exclusively in tobacco pro6ucts anc] accessories'. Notwithstanding anything to the contrary contained herein, the smoking of pipes and cigars shall not be alloc:ed in hotel and motel lobbies . (b) 11ny o~~rr;er or manager of a business or other establish- ment subject to ttlis article may apply to the City Coun- cil (or such board or commission of tl~e City authorized by the City Council to grant the same) for an exception or. modification of the provisions of L•liis article due to unique or unusual circumstances or conditions, provided that it twill be tl~e burden of tl~c applicant to show either tl~ t the provisions of this article cannot be complied with withouL• incurrin~~ oxpenses Eor titructural or other ;~::~'sical modifications, other. than po:;tirn~ signs, or: ::;aL• due to unic]uc: or. unusual Circunrst,:ncc,~s, the failu~~~ to comi~].y with the provision for which the 6 RECORD OF PfiUCECDINGS l0U Leaves . v r. r. ~..-.... • .. c•. exemption i requc,ted wil]. not result in a danc~cr to health or unr.oyance; inconvenience or di.:;comL-ort. Sec. 11-4.9. Enforcement. (a) The City t~an~y~r or the City ~1z~n~ig~r'.s desiyn~e shall be . responsibly far compliance with this. article with regard to facilities which are owned, operated, or leased by the City of r.spen. (b) The owner, operator, or manager of any facility, busi- ~ Hess or agency shall. post. or cause to be posted all "No Smoking" signs required by this ai:ticle. Owners, opera- tors, manager or employees of same shall be required to orally inform persons violating t•.his article of the pro- visions thereof. .The duty to inform such violator shall arise when such owner, operator, manager or' e:r~ploy~e of same beco.~nes aware. of such violation, and shall be their sole enforce;-ient obligation hereunder. (c)' Any citizen ~~ho desires to 'register a complaint under this .article ray initiate enforcement ~~ith t17e Ci.';.y t•;an- ager or City :9anager's designee. (d) The City Manager or the City t+lanager's designee ~aay enforce the provisions of this article by either of the following actions: (1) Servin7 notice requiring correction of. any viola- tion of this article. (.2) Requesting the City Attorney to initiate appropri- ate enforcement procceditags, includi.n.y, w:.thout limitation, .the initiation of a complaint in muni- cipal court or the institution of injunctive, abatement, or ,otl~.er appropriate action to prevent, enjoin, abate or remove such violation. (e) Any person convicted of violating any provision of. this article shall, upon. conviction, be punished by a fine of not more t1~a:i three hundred dollars ($300.00) , for each separate offense, and may be enjoined from any L-urth?r or continued violation thereof. Each day any violation of this article shall continue shall constitute a separ- ate offense. (f) Any reme3i~s provided for herein sE•iall be cumulative and not exclusi~•e and shall be in addition to any other remedies ;~ro~• ided by law. " Section 2 That Section 11-4. 1 of the i•lunicipal Code of the City , of Aspen be arnr.nded by :renumbering said section to 11-5.1 and amend-• ing subsection (1) t.o read as follows: ' 7 • RECORD OF PROCEEDINGS 100 Leaves "Sec. 11-5.1. Penalties anr] RelicE. (a) Any person, upor, conviction of a viol atio>1 of any provi- sion of Article I, II or III of this chapter, shall be subject to a fine not to exceed three hundred dollars ($300.00) or imprisonment•in the county jail for a period of n~= more than ninety (90) days, or both, at the discretion of the court, for each separate offense, and may be enjoined from any fur.thcr or continue] viola- . lion hereof. A violation of Article IV shall be punish- able by a fine only. Each day any violation of this chapter shall continue, shall constitute•a separate • ~ offense her=_under." Section 3 The City Cler'r, is hereby directed to effect the recodifica- tion of Chapter 11 of the t~iunicipal Code oL the City of Aspen as follows: 1. The title o` Chapter 11 shall be amended to read as fol- lows: "Elealth-'rater ;•uality, Air Quality, Control of Rubbish, IJeeds and Brush; and Smoking in Public Places". 2. Section 11-1.1 through 11-1.8 shall be des i7nated as Article I and entitle "Plater Quality". 3. Section 11-2.1 through 11-2.9 shaJ.l 'be designated as Article II and entitled "Air Quality". 4. Section 11-3.1 through 11-3.3 shall be designated as Article III and entitled "Control of Rubbish, 6~eeds arld Brush". Section 4 The regulations and amendments set forth in this ordinance • shall become ef•fectire thirty (30) days after the date of publica- tion after final passage, specifically Octol~cr 19, 1985. It is the present. intention of this Council t~rat this ordin- ance sh~l l be rev iek•e~ by the City Council reg and ir.g it effect ive- nes:~ in addressing problems associated with. smoking in public places on the City Council agenda. Section 5 If any section, sul.~section, sentence, claus~c, phrase or horta.~n cif th ie, ~~rdi,~•~nc~~ i;~ for. an}~ rc~z~on hclcl i nval id or. • £t ' Y~ D RECOF~D OE PFiOCCEDIIVGS 100 Lcavcs C I, Y~I •Y II d . ~ 1. l7 unconstitutional ir. a curt of competent jurisdiction, such portion shall be deemed a separate, distinct and indcl~endent provision and shall not of"fact the validity of the remaining portions thereof.. Section 6 A public hearing on the ordinance shall be held. on the ,~.2~" .. _._-_~ -_ day of _-__ y~ l~•c1Z~_-_-_-- 1985, ~ in the City Counci]. Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCE, L, READ A:+D~ OR1)ERC D published as prov i.d ed by '1 aw o f the City Council of .the City of Aspen on the. _~~~_ day of ATTEST: Kathryn S. ~och, City Clerr, FINALLY adopted, sassed and -------- C~~',~.~Y~------- ~.__. __ o William L. Stirling ~- -- - approved this _~~~___ day of __, 1985, j~illiam. L.•-Stirling~~~-' •~ ATTL'ST: J ` ,~ ~ e _ ~~= Kathryn S. I~h, City Clerk SB 9 9UWn ~ 75 south frontage road vail, Colorado 81657 (303) 476-7000 MEMORANDUM TOe Ron Phillips FROM> Susan Scanlan DATEo March 1, 1988 SUBJECTe No Smoking Ordinance o4fice o4 community developmen4 You will find attached a chart which lists elements of No Smoking Ordinances for 18 different municipalities in the state of Colorado. Elements which are contained in any particular ordinance are indicated by an X. If there is no mark in an area that item was not addressed by the ordinance. Also included with this chart is an earlier memo which addresses in more detail some of the common aspects of the ordinances. Copies of the ordinances and information pamphlets are available in my office for perusal. ###M31##### SNOK ENG ORDI NRNCES CONNON EL EHENTS #####~#### RRERS SNOKING PRONIBITEO:; RRERS SNOKING ALlONEO :: RESTAURRNT SERTING ;: NORK PLRCE __________________ ______=__ _=_~ ------ • _ ____~____. ---- #INFORnRTION PNiPHLET PROVIDED .. ..=__==____ .. __-=_'_ __________ ________ IC _ __________ GROCERY ;; _______ BARS __________ ENCLOSED _________ TUOACCO ____________ DESIGNRTED _____________ RESTRURANTS _-''________ RESifIURANTS ___________ ~~ 50% OR ____________ ONNER ___ :: PETITION REQUEST ;: SIGNf] ; ' ~: FINES ~~ CALCULATION ; D ~~ ;; CONNON RRERS PUBL RRERS ;; STORES CLUBS OFFICES SIIOPS RRERS 30 OR LESS 50 OF: LESS ~: LESS DESIGNATED :: 5a/. ~: REO 0. :: ; ' TONN ;: PURPOSE DEFINITION ;; ~ X SEP. RRERS POLICY ADOPTED X 40-8300 RSPEN X X X X X X X CRRBONDRLE :: :: X X X X X x x x X X X X x so-so LOUISVILLE 1 X X X X X x X 825-8300 THORNTDN ; X X X X X X X X X X X S ;; X x EHPLOYER DE5IGNRTEO X 825-8300 ' GOLDEN X X X X X X X X X EHPLOYER DESIGNATED X 835-8300 LONGNDNT# X X X X X X ;< FORT COILINSp X X X X X X X X X X x x x BOULDER# X X X X X X X X X X X %S X X ENPLOYER DESIGNATED X 425-8500 RRVROf]# x X X X X X X X X %S x X X X 825-4100 LOVELfWO X X X X X X X X COLORRDO SPRINGSp ~~ :: X X X X X x X x X :t PUEBLO X X X X X X X x x X x x x x 825-8300 NESTMINSTER# X X X X X X x X X X loo - %t ' x x X x s szs CREELF.Y# ~~ x X x X X X X X X X I' X x X X 825-4300 LRKEN000b X X X X X X X X X x s25-sSOD ;t N}1ERT RIDGE :: X X X X X x X X X X X X ~ :c .. X X X x so-4l CANON CITY :; X X X X X X X lS :t X x x x so-43oo ' GRAND JUNCTION x x X X X X X x X 0-90 OIIYS TOe Ron Phillips & Peter Patten FROM< Susan Scanlan DATEo May 29, 1987 SUBJECTo No Smoking Ordinance I. INTRODUCTION> Over the past several months I have accumulated and reviewed no smoking ordinances from various communities around the State of Colorado. These ordinances range from very general no smoking provisions to .very specific regulations and substantial penalties for violations. Most of the cities whose ordinances I reviewed implemented them by a vote of the City Councils. However, in the case of Fort Collins and Colorado Springs, the ordinance was put to a public vote in a special referendum election and was approved in both cases. II. BACKGROUNDa ..As a general .overview .of th.e ordinances, they all contain essentially the: same piov_sianso These includee (1) LEGISLATIVE TNTENTe A Statement of legislative intent or purpose which explains the reasons for adopting the ordinance, range from protecting the public health, ,safety and general .welfare to preventing the general discomfort of being exposed to smoke in public places. (2) DEFINITIONSa A definitions section which defines common_areas, public places, smoke and in some cases work areas. ' (3) SMOKING PROHIBITEDo Smokin~,is generally prohibited in common areas and public places.. This includes but is not limited to hallways, elevators, lobbies, waiting areas, public res.trooms., public meeting rooms, .grocery stores,, retail- stores, theatres, educational facilities,. .liktrari~s, recreational ... _ .facilities,. public traiispozta~i.on faeili~~es and other - enclosed areas to which the public 'is invited or where the public is. permitted. (4) SMOKING PERMITTED: In most cases smoking is ermitted in several areas which include: A Taverns, bars or nightclubs where the service of food is not the principle source of income. B Fully enclosed offices occupied exclusively by smokers, even if they may be visited by non- smokers. C Retail tobacco shops. D Meeting rooms or halls where the general public is not invited and the control of seating arrangements is the responsibility of the function sponsor. E Designated smoking areas as determined by proprietors. F Most of the ordinances contain the provision to allow smoking throughout restaurant establishments with seating capacities of 30 or less, some go as high as 50 or less. The City of Aspen has been much more restrictive in their provisions and does not allow more than 50% of any restaurant to be designated as a smoking area. In addition, smoking areas must be completely separate and have individual ventilation systems. (5) DESIGNATED SMOKING AREAS: Smoking may be allowed in designated smoking areas of public places. These could include: A Restaurants with seating capacities of 30 or more may designate an area comprising up to 50% of the seating capacity as a smoking area. An area could also be designated such that smokers and non-smokers can be accommodated without an unreasonable delay. B A portion of lobbies or hallways based on size restraints provided that the designation of such an area does not require non-smokers to pass through a smoking area to get from one place to another. (6) GENERAL PROHIBITIONS: Smoking is prohibited in any area where it is prohibited by the Fire Marshall or applicable fire codes. (7) WORK PLACE: Several of the ordinances include provisions for the prohibition of smoking in places of employment. This is provided for if° (A) A petition signatures requesting (B) No physica: accomplish is received by the employer containing of over 50% of the permanent employees a smoke-free work place. L barriers need to be installed to this separation. The ordinances which contain this provision for a smoke free work place also contain a clause which prohibits discrimination against any employee who requests such a designation. Employers may also establish and adopt a written smoking policy relating to their places of employment which may contain minimum guidelines as reflected in Aspen's ordinance. (8) SIGNAGE REQUIREMENTSe Every building affected by the smoking ordinance, must have signs posted and maintained by the proprietor of the establishment. These signs must, be posted on all doors providing public ~.ccess to the establishment or conspicuously posted so that they can be seen upon entering the building. The signs may be of specified sizes and may be pzintec~ with lettering.or-appropriate:international ~~ymbols4:_ T1~e signs may be.:one of threeo .~ No smoking ~ this would state that smoking is not permitted in any portion of the building. B Smoking ~? this would indicate that smoking is permitted throughout the establishment. C No .smoking except in designated areas - this would generally prohibit smoking throughout the establishment except in those areas which are posted as smoking areas. It would also be the responsibility of the proprietor~in this case, -not only to sign all points of access, but also to clearly sign the areas where smoking is allowed. (9) UNLAWFUL ACTS: Several .of the ordinances contain sections which define.an.unlawful act which would const=itu•te,.a. v~olation• .of•.ahe orc~~inance. These . ?_nclude, but .a:re not limited too A Smoking in designated and signed no smoking areas. B Failure to post required signage or to maintain posted signage. C Allow people to smoke in no smoking areas. (10) FINES: The fines for violation of any provision of the ordinance range from $0-$500 per day that the offense exists. The average fine appears to be $25- $300 per day. One ordinance contains a provision for a second conviction in 12 months that the minimum fine be $50 with $10 of the fine going to the city to purchase materials promoting no-smoking (City of Longmont). The City of Wheatridge also prohibits the sale of cigarettes to minors and sets forth fines for the misdemeanor offense. III. (11) ENFORCEMENT: The responsibility for enforcement of the ordinance ranges from police officers, code enforcement personnel, public safety officers to environmental health officers/sanitarians. RECOMMENDATION: Review of these ordinances has provided a little insight into the manner in which they were arrived at and in some cases the input involved. At least in the cities of Aspen and Fort Collins there was considerable input from citizens both for and against the ordinances. In order for the issue of a no smoking ordinance to gain the type of support required for it to be successful, I believe it would be advantageous to solicit the input of the general public and the restaurant association. If the issue of smoking in restaurants is to be addressed it would be crucial seek the support of the restaurant association. It would be beneficial to have the support of the restaurant association as it is a large contingent their opposition could make compliance difficult. city of Aspen has experienced considerable difficulties in dealing with their restaurant compliance and the ordinance itself has come under fire. to and The Most communities report that the ordinance has been well received and compliance is generally not a problem. Informational pamphlets have been produced in several communities which explain the ordinance and answer some commonly asked est' qu ions. ~o I believe that such an ordinance would be generally well received in Vail where a large percentage of the population are health conscious people. I would recommend an ordinance which encompasses the points as outlined in the background area of this memo. It should also be noted that the ordinance does not prevent anyone from declaring their business a no smoking area entirely even if they are permitted by the ordinance to have smoking areas, I think it is also important to include the provision for a smoke-free work place as individuals spend more time at work than they do in any other pursuit during the average day, It is important that their rights are also respected. Information can be obtained from the Aspen G.A.S.P. group as to the facts and statistics concerning smoking and the effects of secondhand smoke. They have been instrumental in getting Aspen's ordinance passed and providing support to other communities interested in passing ordinances. Copies of ordinances from. the 18 communities are available in my office, 1~ 1~ town of uai 75 south frontage road vail, Colorado 81657 (303) 476-7000 TO: Ron Phillips FROM: Susan Scanlar~ DATE: May 2, 1988 1 SUBJECT: No Smoking.Survey Results office of community development Several months ago Larry Eskwith was directed by the Town Council to draft a no smoking ordinance. Before this ordinance would apply to any public buildings other than those which are Town owned, the Council requested input from the Restaurant Association on this topic. I drafted a brief survey to all businesses which hold a license to operate a food service establishment. The survey was dated March 22, 1988 and was mailed out to 102 licensed establishments. The survey consisted of the following brief questions: (1) Name of establishment (2) Do you currently permit smoking in your establishment? Yes or No (3) Do you currently have a no smoking section? Yes or No (4) Would you support some type of ordinance limiting smoking in restaurants? Yes or No (5) Comments: Of the 102 surveys, 75 were completed and returned. Currently 65 of the 75 responding establishments permit smoking while 10 do not. Of the 65 restaurants which permit smoking, only 8 provide a no smoking section for their non-smoking patrons while 56 do not. The support for or against some type of ordinance limiting smoking in restaurants was pretty evenly divided. There were 37 responses which supported some type of an ordinance and 36 which were opposed to any type of regulation. One individual responding would be in favor of or opposed to an ordinance depending on how it was written. Attached you will find the comments which were included on the completed surveys. The following were comments included on surveys from those who were opposed to the idea of an ordinance. "We're fortunate to have high ceilings and good ventilation. Let's NOT legislate this!!" "Meghan°s only seats 10 people and the amount of smokers coming in and out are few." "We would only support a total ban on smoking. Providing smoking areas would be an impossibility in a small area like ours." "Public service cannot be prejudiced to public - one comes to a public environment one should expect public normal behavior." "With all the cancellations and no-shows we experience, it would be almost impossible to determine how many seats we would allocate for this non-smoking section nightly. Potential disaster with unpredictable business forecasting and staffing requirements. Current volume of requests for non-smoking areas also does not support this idea." °°I believe restaurant operators can resolve the smoker/non- smoker.problem.themselves. We do not need an ordinance to accomplish this." "Our restaurant is too small to have a no smoking section so therefore it would have to be~all or nothing. I have a hard time supporting something that could drive away any customer." °'This.decision should be left to the individual businesses." °iI am not smoking myself and I rather see anyone else not smoking, but I see a restaurant as a public place for every- one with no restrictions." 1°I would suppoz•t a no smoking section. Most of our hotel and restaurant patrons are from 35 up and a good percent smoke." °tI think that should be left up to each business." "I think it should be up to the good judgement of the individual restaurant owner. In some cases it might not be feasible. I would hope. that we~could handle this without making more laws." 11With a non-smoking section we have had no complaints this year. Start an ordinance to stop nuclear waste trucks on I-70." "We have been a non-smoking restaurant in the past. It caused dining situation for 1 1/2 - 2 hours. We now offer a smoking section and take a waiting list for both. Those who don't care we will seat in the first available table regardless of the section. The system is more work for us, but offers the customer the freedom of choice. We are happy at this time having the choice as to smoking or non. I feel each business should decide for itself and let the customers have a choice. "It would be nice if people did not smoke, but let this be a free market decision. Let the restaurants deal with it as the situation warrants." "Pipes and cigars should be banned." "I feel this is just another attempt of government interven- tion into private enterprise." "Makes me sick (I don't smoke) Prohibition next?" "We try to, as cordially as possible, put smokers in the part of the restaurant that is better ventilated. We have not in 2 1/2 years had a problem. Stay out of it!! Let them decide for themselves." "A larger percentage of travelers off the interstate seem to be smokers, than local business. I would not want to turn off the Interstate traveler." "We have only been operating since January 1988, but have never had a problem. Why create one? 1989 will bring many Europeans to Vail. They and the Latins still smoke." "Restaurants should make their own rules and regulations - nothing should be enforced. (We find that there are less and less smokers anyway). Some people really do object to cigars of which, there are very few." One response came back: "It will be a more healthy community and cleaner environmental area to live." but there was no response to the question of whether or not they would support the ordinance. Copies of all survey responses are available in my office. The following comments were taken from responses which were in favor of the ordinance. "Only if there is no smoking in all the restaurants, including the hotel restaurants. Smoking only in separate lounges or, lobbies or restrooms. I do not support a no smoking section in the restaurant because it limits seating and creates reservation problems during peak times." "It would be very difficult to cut out all smoking, but we would definitely support a law requiring some form of non- smoking areas." "For all restaurants only!" "I don't believe that an ordinance would cause any sort of problem with guests." "If they want to smoke they can go outside on my deck!" 11It has to happen eventually." "A non-smoking area is absolute in respect to the majority non-smoker and good health people." "We are take-out only so it doesn't affect us as much." "Maybe per square foot?" "We do not encourage smoking. We have no barrel ash trays in the store." °tWe wish to pursue an ordinance that would prohibit smoking entirely in our store." "I would love to see Vail implement a total smoking ban in .all public areas." "Yeah! We encourage the ordinance." 11Personally I would fully support no smoking,.. however I feel it may be difficult to enforce as well as alienating too many guests." °1I would love to see a no smoking ordinance. I am sick of ..people who don't smoke having to put up with people smoking all .over their food and smelling up my restaurant." "Possibly support no smoking area in larger restaurants only. Smaller restaurants and bars exempt." °1My area is small, I do try to keep smokers by doors." "Restaurant area yes. Bar would be difficult to enforce and we also serve food in the bar." "We run a very health oriented menu with fitness in mind. We discourage smoking, you need to enforce no smoking areas." "Not in ballroom - should be up to groups." "It's way overdue - only by doing it as a town/community can we make it work. As a frequent diner outer, I'm personally livid over smokers in restaurants. Aspen is way ahead of us as is Colorado Springs." Also enclosed is a separate support letter which I received. Overall, the establishments which are supportive of some type of no smoking ordinance are those which are service oriented; grocery stores and convenience stores, or they are relatively small establishments which have little or no seating. March 29, 1988 Vail Town Council 75 South Frontage Road Vail, CO 81657 Dear Council Members: After carefully considering the pro's and con's regarding a non- smoking ordinance in Vail restaurants, I would support the ordinance with the following stipulations: 1) That restaurant owners have the option to designate 20% or less of their seating capacity as a smoking area without physically dividing it. (Airplanes have no dividers.) 2) Bar stools or areas where no food is being served should stay exempt. This would put a non-smoking ordinance in effect supporting the large majority of non-smokers without running the risk of loosing any of our existing or new Vail clients by being too restrictive. Sincerely, Pepi Langegger The Tyrolean Inn ,~ EASEMENT DEED -_ KNOW ALL MEN by these presents: That the Wren, a condominium project, according to the map thereof recorded in the Offices of Eagle County, Colorado, Clerk and Recorder ("Grantor") for TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell and convey and confirm unto the Town of Vail a Colorado municipal corporation ("Grantee") the following real property situate in the County of Eagle, State of Colorado, to wit: A perpetual non-exclusive easement and right-of-way on that portion of the Grantor's property which is set forth and designated on Exhibit A attached hereto, for the construction, maintenance and repair of a bike path. Acceptance of this easement by the Grantee shall constitute its agreement and consent as follows: 1. At such time and in the event that the easement described herein is abandoned or no longer used by the Grantee, then Grantee's real the easement shall immediately revert to and be thereafter mergedrwpthtthenservientn estate. 2. The use by the Grantees of the easement shall be at all times subordinate to Grantor's use of the easement notwithstanding the fact, however, that Grantor shall not construct or allow the construction of any improvements within the easement or outside the easement which would interfere with the use of the easement as a bike path by the Grantee. 3. Grantee shall conform to all the laws and regulations of the United States of America, the State of Colorado, the County of Eagle, and the Town of Vail in its use of the easement and any activity it conducts thereon. 4. The Grantee shall indemnify and keep the Grantor harmless from any and all claims for damages to real and personal property and injuries or death suffered by persons in any manner growing out of the construction, maintenance, or use of the pedestrian/bike pathway within said easement, unless such damages, injuries, or death were caused by the negligence of the Grantor. Such indemnification shall include the cost of defending said claims, including, but not limited to, reasonable attorneys fees. 5. The Grantee shall not operate or permit the operation of any motorized wheeled vehicles over and across the Gabion Walls previously constructed by Grantor on a portion of the easement granted hereunder, with the exception that the Grantee may perform occasional maintenance on the easement with vehicles weighing less than thirteen thousand (13,000) pounds gross vehicle weight. Signed and delivered this GRANTOR The Wren Condominium Association ,..~ day of -- 1989. GRANTEE Town of Vail, a Colorado municipal corporation By: gY: Alan Woods, President Rondall U. Phillips, Town Manager -2- SECOND RENEWAL OF LIMITED LICENSE AGREEMENT BETWEEN THE TOWN OF VAIL AND THE WREN ASSOCIATION THIS AGREEMENT is made and entered into by and between the the Town of Vail, Colorado, a Colorado municipal corporation ("the town") and The Wren Association, a Colorado not-for-profit corporation ("the Wren")o WITNESSETH: WHEREAS, the Town and the Wren entered into a Limited License Agreement on March 30, 1987, ("the license agreement") which set forth, among other things, the usage and maintenance of a roadway located on Gerald R, Ford Park; and 6JHEREAS, the Town and the Wren entered into a renewal of the license agreement in accordance with the provisions of paragraph 9 thereof on August 8, 1988 for a term commencing on April 1, 1988 and terminating on October 31, 1989; and WHEREAS, The parties desire to further renew the license agreement for another term in accordance with the provisions of paragraph 9 thereof; NOF~, THEREFORE, the parties hereby agree as follows: The license agreement shall be renewed for a term commencing on November 1, 1989 and terminating on October 31, 199 > IN WITPdESS WHEREOF, the parties have executed this agreement this day of , 1989° TOWN OF VAIL, COLORADO, a Colorado municipal corporation THE WREN ASSOCIATION a Colorado not-for-profit corporation By: Rondall V, Phillips, Town Manager By: Alan GJoods, President ` ~ REC ~ APR - 6 19~ LIMITED LICENSE AGREEMENT THIS LIMITED License Agreement is made and entered into this 3 ~~' day of ,~, 1987, by and between the TOWN OF VAIL, Colorado, a Colorado municipal corporation ("the Town") and the WREN ASSOCIATION, a Colorado not-for-profit corporation ("the Wren"). RECITALS A. The Wren is the owner of certain real property described in Exhibit A attached hereto, upon which the Wren Condominiums and other- improvements have been constructed. B. The Town is the owner of certain adjoining property known as Gerald R. Ford Park described in Exhibit B attached hereto. C. A dispute has arisen between the parties relating to the use bjr the Wren of a certain roadway located on Gerald R. Ford Park. D. The parties desire to effect a just and amicable settlement of such dispute and to compromise such dispute without resorting to litigation. AGREEMENT NOW, THEREFORE, in consideration of the promises and covenants contained herein, the parties agree as follows: 1. The Wren shall, at its sole cost and expense, landscape the area between the roadway and the Wren building as shown on the proposed landscape plan submitted to the Town, as finally accepted by the Town after review and approval by the Design Review Board. This landscaping shall be completed no later than July 1, 1987. In addition, the Wren agrees to maintain said area and keep the landscaping, any furniture and the fence located on said area in good condition and repair. 2. The Town grants to the Wren a non-exclusive limited license for the use by the Wren of the roadway more particularly described in Exhibit C and the access driveway more particularly described in Exhibit D for the following uses and purposes and no other: A. Use by vehicles for the delivery of firewood to be used by the occupants of the Wren. The Wren shall notify the Director of Public Works of the anticipated delivery schedule for the firewood and shall make arrangement with the Director of Public Works for the opening of the locked gate across the roadway in order to accommodate such deliveries. Access shall be limited to that period of time which is reasonable and necessary for the delivery of firewood to the Wren. Firewood so delivered shall be stacked in a neat and attractive manner. P F B. Use by vehicles in connection with repairs to the Wren buildings or any mechanical, heating, air conditioning, or other system in connection with such buildings, including amenities such as the swimming pool, when delivery of equipment, parts, materials, supplies, or tools cannot conveniently be brought through the front entrance of the Wren. C. Use by delivery vehicles for the occasional delivery of large items of furniture when such furniture cannot be conveniently brought through the front entrance of the Wren. D. Use by emergency vehicles. E. Use by all pedestrians who are employed by, staying at, visiting or having business at the Wren. 3. Except for emergencies, the Wren shall notify the Director of Public Works of the Town of Vail of its intention to use the roadway as set forth .herein and shall make reasonable arrangements with the Director of Public Works in regard to such use. 4. At the present time, the Town maintains and intends to continue maintaining in the future a locked gate, chain or other device which will prevent access to the roadway by motor vehicles operated by the general public. When the gate is opened in order to permit passage by motor vehicles to the Wren property pursuant to this Agreement, the Wren shall be solely responsible for securing and locking the gate upon the completion of such use. 5. The Wren shall obtain comprehensive public liability insurance covering the Wren's use of the new roadway and access driveway which coverage shall be in the amount of one million dollars ($1,000,000) for each incident giving rise to a claim for bodily injury or property damage. The Town shall be named as an additional insured as its interest may appear on such policy and a copy of the policy or certificate of insurance shall be furnished by the Wren to the Town. 6. The Wren hereby agrees to indemnify and hold the Town harmless from and against all liabilities, judgments, costs (including attorney fees), damages, suits, claims and actions of any kind in nature by reason of its use of either the roadway described in Exhibit C or the access driveways described in Exhibit D hereof. 7. The Town shall be responsible for the maintenance and repair of the roadway described in Exhibit C hereof. It is understood, however, that the Town will not keep the roadway clear of ice or snow during the winter months. Should the Wren wish to clear said roadway of ice and snow in order to facilitate their use thereof during the winter, it may at its sole expense plow the road (after giving the Town -2- Public Works Director notice of such plowing). The Wren will be responsible for any damage to the roadway caused by such plowing. The Wren shall be solely responsible at all times for the maintenance and repair of the access driveway. 8. Should the Town be required to temporarily deny access to the new roadway or the access driveway due to repair, resurfacing or maintenance, the Town shall give the Wren advance notice of such closure not less than five (5) days in advance. In the event of an emergency which requires immediate closure of the road, the Town shall give the Wren whatever notice is reasonable under the circumstances or no notice if the giving of any notice is not possible under the circumstances. 9. This License Agreement shall commence on ~ ~ o , 1987 and shall P ou.c.~. terminate on ~y ~, 1988. It is the understanding of the parties that this Agreement may be renewed in writing on the mutual agreement of the parties, upon the same terms and conditions, or as may be otherwise agreed to by the parties. Either party may terminate this Agreement by giving the other party ninety (90) days prior written notice of such termination; provided, however, that should the Town give such notice of termination to the Wren, the Wren may request in writing that the parties meet and attempt to resolve the problems giving rise to the termination. This written request shall be given to the Town no later than five (5) days after the notice of termination is received by the Wren. The parties shall meet within ten (10) days of the time the request is received by the Town. Should the problems not be resolved at the meeting, the termination shall take effect as set forth in the Town's notice. 10. The execution of this Agreement in no way abrogates, alters, or releases any claims or defenses which either party may assert against the other party in regard to the use of the roadway and access roads as set forth herein; provided, however, the Wren agrees not to bring any legal action claiming an_easement over the roadway described in Exhibit C hereof so long as this Agreement is in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first set forth above. TOWN OF IL 6 (/ a Y~ Rondall V. Phillips, Tow Manager .WREN ASSOCIATION By: Alan Woods, President -3- .~ (~'' f~ EXHIBIT A Tl~e r7ren Condo,niniums, SUU South Frontage Road, Vail, Coloradu B1b57, and described as follows: Tnat part of the 1•JE 1/4 of Sect ion fi, Townsnip 5 Soutt,, Range 80 vest of the 6th P. M., described as follows: Commencing at the :northwest corner of the 1JE 1/4 of said Section 8: thence mouth UU degrees 01'06" East and along the West line of said NE 1/4 503.81 feet to a point of intersection, with the Southerly right of wa~~ of Interstate Highway 70 and the True Point of Beginning;' thence continuing along the aforesaid course 347. 6l feet; thence ;~ortn 89 degrees Sd'S4" East 189.81 feet; thence North 00 degrees 01'06" West and along a line parallel with the West line of said NE 1/4 284.59 feet to a point of intersection with said Southerly ria,`~t of ~ way; thence 17orth 71 degrees 38' S4' West and along said Southerly right of Way 200.OU feet to the True Point of Beginning, County of Eagle, State_ of Colorado, subject to any _ tax, assessment, fees or charges Uy reason of the inclusion of - ~~ the suoject property in Vail General Improvement District, Vail Water and Sanitation District, Vail Fire protection District and Vail Metropolitan Recreation District. 0037E a.: '- ~.r.~.:..~..~.: 1rXIIIBI7' B ro wN o VAIN ~RoPERT ~ ~ ~ ~ ~ . . 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