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