HomeMy WebLinkAboutStudy Session Agenda Packet 11-16-15STUDY SESSION AGENDA
CITY COUNCIL
CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Ave.
Wheat Ridge CO
November 16, 2015
6:30p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the
City of Wheat Ridge. Call Heather Geyer, Administrative Services Director at 303-235-2826 at
least one week in advance of a meeting if you are interested in participating and need inclusion
assistance.
Citizen Comment on Agenda Items
.L Review of Candidates for Council District I Vacancy
2. Reconsideration of Ordinance No. 1584-Smoking in Public Places
~ 2016 Carnation Festival Planning Update
4. Staff Reports(s)
5. Elected Officials' Report(s)
ADJOURNMENT
,.• ;
.. , '' ~ityof • A~ vv .tJ.eat&_,dge ~OFFICF OF THE CnY M ANAGER
Memorandum
FROM:
Mayor and City Council
Patrick Goff, City Manager Jdh
TO:
DATE: November J J, 2015
SUBJECT: Council District One Vacancy
On November 9, 2015, Jerry DiTulUo resigned his position as District I Councilmember to take
the oath of office for City Treasurer. Per the City Charter, the City Council has 30 days to make
an appointment by majority vote to fi ll this vacancy. The City Council discussed the vacancy at
the November 9'11 meeti ng. Applicants will be invited to interview/present to City Council at the
November 16. 2015 City Council Study Session. The City Council plans to fill the vacancy at
the November 23, 2015 City Council meeting.
The tenn for this appointment will expire in 2 years on November, 2017. The appointee must
meet the qualifications as a candidate for office and live in Districtl. Applicants must be at least
18 years of age, a citizen of the Unjted States, and be a registered elector and resident of the City
of Wheat Ridge for at least 12 months preceding the date of appointment.
The vacancy announcement was posted on the City's website, Channel 8, the City's Facebook
page, in the Wheat Ridge Transcript and a media advisory was sent to local media outlets. In
addition, all District I Board and Commission members were notified concerning the vacancy.
ATTACMENT:
I. Media Advisory
.....
·~
, ~ily of D ;,rl~ vv r.1cat~ ~e
MEDIA ADVISORY
November 10, 2015
Contact: Heather Geyer, Administrative Services Director/PIC
hgeyer@ci. wheatridge .co. us/ 303-235-2826
WHAT:
WHEN:
WHERE:
BACKGROUND:
City of Wheat Ridge City Council Accepts Applications for
District I Councilmember Vacancy
Wheat Ridge Cit y Council District I has a vacancy for a City Councilmember. The City
Council is requesting that interested individuals submit a letter of interest/application to
Janelle Shaver, City Clerk.
Letters of interest/applications for the Cou ncil District I vacancy are due no later t han 5
p.m. on Friday, November 13, 2015. Letters of interest can be emailed or delivered in
person.
7500 West 291h Avenue, Wheat Ridge, Colorado 80033. The City Clerk's Office is located
on the first floor of City Hall.
On November 9, 2015, former Councilmember Jerry DiTullio was newly elected to the
position of City Treasurer, creating a vacancy for a Councilmember in District I. Per the
City Charter, the City Council has 30 days to make an appointment by majority vote.
The City Council discussed the vacancy at the November gth meeting. Applicants will be
invited to interview/present to City Council at the November 16, 2015 City Council Study
Session. The City Council plans to fill the vacancy at the November 23, 2015 City Council
meeting.
The term for this appointment will expire in 2 years on November, 2017. The appointee
must meet the qualifications as a candidate for office and live in District I. Applicants
must be at least 18 years of age, a citizen of the United States, and be a registered
elector and resident of the City of Wheat Ridge for at least 12 months preceding the
date of appointment.
For questions regarding this appointment, please contact Janelle Shaver, City Clerk at
303-235-2823 or via email at jshaver@ci.wheatridge.co.us or Deputy City Clerk, Kelly
Stevens at 303-235-2816 or via email at kstevens@ci.wheatridge.co.us.
About The City of Wheat Ridge
The City of Wheat Ridge, located west of Denver with a population of 31,000 citizens, is home to a mix of
retail/commercial businesses and unique residential neighborhoods. The city was ranked as one of the "Ten
Best Places to Retire" by the website Livability.com Wheat Ridge is a vibrant community in a prime location,
providing easy access to the Denver metropolitan area.
### Attachment 1
TO:
FROM:
DATE:
RE:
MURRAY
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Mayor and Council
Gerald Dahl, City Attorney
October 30, 2015
MEMORANDUM
Reconsideration of Ordinance No. 1584: Smoking in public places
At its regular meeting on October 26, the Council moved to reconsider Ordinance 1584, concerning
regulation of smoking in public places. After public testimony and additional discussion, Council moved to
continue reconsideration of this ordinance to the November 16, 2015 study session and thereafter to a
future Council meeting for final action on reconsideration. Meanwhile. because the ordinance has been
finally adopted and published as enacted on October 12. and has not yet been further amended or
suspended by the Council, the ordinance remains in effect.
Council has asked me to summarize the options available to it in reconsidering this ordinance, and
specifically, the portions of the ordinance which address smoking (presently including use of a-cigarettes
or vaping) in stores where vaplng products are sold, as well as traditional retail tobacco businesses where
cigars, cigarettes, pipe, and chewing tobacco are sold. This memorandum is that summary.
Presently, the definition of smoking in the ordinance includes both traditional smoking and use of electronic
cigarettes (vaping):
Smoking means the burning, heating, electrical ignition or vaporization of a
cigarette, cigar, pipe, or any other similar product, matter or substance that
contains tobacco, nicotine, marijuana, any other substance or any combination
thereof and the inhaling and exhaling of environmental smoke created thereby.
Keeping this background in mind, the Council has a series of options to permit or to prohibit smoking.
including vaping, in various commercial establishments.
Regulation of smoking and vaping in vaping stores
As amended on second readmg on October 12, the definition of "tobacco" in the ordinance now reads:
Tobacco means cigarettes, cigars, sure roots, stogies, and periques; granulated,
plug cut, crimp cut, ready rub, and other smoking tobacco; snuff and snuff flour;
shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco; and other
kinds and forms of tobacco, prepared in such manner as to be suitable for
chewing or smoking in a cigarette, pipe, or otherwise, or both for chewing and
smoking. Tobacco also includes cloves and any other plant matter or product,
including liquid excluding marijuana and marijuana products that are packaged
for smoking.
I conclude that the effect of the amendment would allow for smoking and/or vaping 10 vaping stores because
of the insertion of the words "including liqu1d" 1n the definition of tobacco. We have learned that various
forms of liqu1d, often times referred to as e-ju1ce, are the pnmary product which IS used m an electronic
cigarette or vapmg device. Because smoking IS presently permitted 1n retail tobacco stores. the addition of
the words "including 1iqu1d" allow vaping stores to claim that they are in fact reta1l tobacco stores where
smoking IS permitted.
Smoking in retail smoking accessory businesses
Presently, smokmg 1s not permttted in retail smoking accessory businesses which are defined as follows:
A sole proprietorship, corporalton, partnership or other enterprise engaged
primanly in sale or promotion of smoking devices, accessones or paraphernalia,
such as but not limited to vaponzing devices, p1pes. chillums, bongs, hookahs
and electronic cigarettes and products Intended for use in connection with use in
such devices and 10 which the sale, manufacture or promotion of other products
ts merely inctdental
As noted above, if the mten!lon of the October 12 ordinance was to prohibit smoking and vapmg 1n reta11
smokrng accessory businesses, because of the addition of "liquid" in the definition of tobacco, this goal has
likely not been achieved. Council has several options:
Prohibit smoking in vaping stores
• delete words "tncludmg liquid" from the def101tion of tobacco th1s will conftrm that vaping stores are
reta1l smoking accessory busmesses, where smoking 1s currently prohibited by Section 9-23 or the
ordinance.
Permit smoking in vaping stores
• remove "liquid" from the definition of tobacco, but create a new category of establishment where
only the vapmg ts allowed, similar to the approach taken tn the Ctty of Arvada. There. the Ctty
defined "spectalty vaptng store" as follows:
A sole propnetorship, corporation, partnershtp or other enterprise operating as a
retatl outlet denvmg the majority of tis revenue from the sale at retail of electronic
smoking dev1ces or other electronic smoking products and accessory raised, or
which 1s engaged primarily 1n the sale at reta11 of electronic smoking devices or
other etectron1c smoking products and accessones
• add "specialty vapmg store" as deftned. to the list of locations in Sect1on 9-24 where smokmg IS
perm1tted.
If th1s option were taken, it is recommended that the existing definition of "retail smoking accessory
busmess" be narrowed to delete vaporizing devices and electronic cigarettes and products intended for use
in connection with such devices, but retain the remainder of the defmition. Thts would mean that stores
selling bongs and other paraphernalia more commonly assoc1ated wtth the smokmg of marijuana, would
continue to be •n the "smokmg not allowed" category
The net effect of this approach would be to create three categones of smoking business:
• retail tobacco business (traditional tobacco store: smoking perm1tted)
• retail smok1ng accessory business (smok1ng paraphernalra. bongs. etc other than vaping devices
and products: smoking prohibited); and
-2-
• specialty vaping store (exclusively electronic cigarettes, devices and the liqu1ds used 1n them
smok10q permitted)
Smoking in retail tobacco businesses
Presently, the ordinance permits smoking 1n these businesses, which are defined as:
Retail tobacco busmess means a sole proprietorship, corporation, partnership or
other enterpnse engaged pnmarily in the sale or promotion of tobacco or tobacco
products at retail, and in which the sale, manufacture or promotion of other
products is merely 1ncidental
Council has a couple options here:
• delete the term "liqu1ds" from the definition of tobacco, for the reasons descnbed above. Th1s
change should likely be made in any event.
• to prohibit vaping (but not traditional cigarette or cigar or pipe smoking) in retail tobacco businesses;
amend the sentence which allows smokmg retail tobacco stores to read: "the smoking, via burning
and not heating or vaporizing of tobacco in a retail tobacco business. •
• Alternatively, this same section could be amended to add: "provided however, that the use or
operation of electronic smoking devices or other electronic smoking products and accessories is
not permitted in a retail tobacco business." This will allow the sale of such products but not their
testing or use.
While there may be other ways to address the issues of concern to Council and the public. I believe that
the categories Council should focus on during 1ts November 16 study sess1on and subsequent Council
meeting should be the following:
• whether or not to allow vaping (use of electronic cigarettes and Similar dev1ces) 1n the stores which
primanly sell those products
• whether or not to allow smoking and vapmg 1n stores which sell other smoking accessones (bongs
and other Similar paraphernalia)
• whether or not to allow smoking and/or vapmg in [traditional) retail tobacco businesses.
Attachment: Ordinance 1584, as adopted October 12, 2015
-3-
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER WOODEN
Council Bill No. _n
Ordinance No. ~· Sw.A:.t,..•• __
Series of 201 5
TITLE: AN ORDINANCE REPEALING AND REENACTING ARTICLE II OF
CHAPTER 9 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING
SMOKING IN PUBLIC PLACES
WHEREAS, the C1ty of Wheat Ridge. Colorado (the "City") ts a Colorado home rule
mun~c1pahty. duty organiZed and exlSttng pursuant to Sectton 6 of Arttcle XX of the Colorado
Constitution and
WHEREAS pursuant to its home rule authonty and C R S § 31-15-401 . the C1ty actmg
through tts Ctty Councd (the Counctl ). IS authonzed to adopt rules and regulations prohlbrtmg
certam conduct and defin1ng general offen&es that harm or pose a threat to the pubhc health.
safety or welfare and
WHEREAS, the CouncJI finds that the smoktng of tobacco or of any other plant or
substance in certa1n areas 1s a form of 11r pollution that threatens the publiC hearth. safety and
welfare. and that secondhand smoke 1s a cause of d1sease. mcludlng lung cancer heart
d1sease. resptratory Infection and decreased respiratory funct1on and. as such, there JS no safe
level of exposure to secondhand smoke. and
WHEREAS. the Council finds that the legislature of the State of Colorado (the State1
adopted the Colorado CJean Indoor A1r Act in Part 2 Article 14 of Tttle 25. Colorado Revised
Statues (the ·Acn and that the Act authonzes ocal JUnsdtctJons to adopt local smoktng
regulations that are no less stnngent than the Act's provtstons. and
WHEREAS. the Council destres to prohibit smok1ng tn most areas wnhtn the City that
are open to the publtc tn a manner that IS not less stnngent that the prov1S1ons in the Act. and
WHEREAS, pursuant to its home rule authonty its pollee power C R. S § 25-14-207
and Sectton 16 Article XVIII of the Colorado Const1tuhon ('"Amendment 54") the Ctty
possesses the authonty to regulate and prohlbtt the mdoor smoksng of martJuana and the
conaumptJon of man}uana that lS conducted openly and publicly or tn a manner that endangers
others and
WHEREAS, the Counetl ftnds that tt 1s prudent to 1nclude martjuana smoktng and
manJuana consumption generally w1th1n any prohtbthon of smoktng tn public places to
minim ze the exposure of cittZens to secondhand envtronmental smoke vapor fumes and
odor. to mimmtze the opportumhes of mtnor chtldren to observe manjuana consumption and
to remain consistent With the explictt prohtbltiOn of open and public consumphon of manjuana
as set forth tn Amendment 64
NOW THEREFORE BE IT ORDAINED BY THE CfTY COUNCIL OF THE CITY OF
WHE.AT RIDGE, COLORADO:
Attachment 1
Section 1. Artlcle II of Chapter 9 of the Wheat Rtdge Code of Laws. concern1ng
smoktng in public places. IS hereby repealed and reenacted. to readmits ent1rety as follows
ARTICLE II -SMOKING IN PUBLIC PLACES
Sec . 9-21 . LeglalatJve intent.
The C1ty Council finds. determ1nes and declares that 1t 1s tn the best 1nterest
of the people of this C1ty to protect nonsmokers from mvoluntary exposure to
envrronmental smoke in most areas open to the pubhc. pubhc meetings, food
service establishments. and places of employment The City Counctl further
finds. determines and declares that a balance should be struck between the
health concerns of nonconsumers of tobaca> and manJuana products and the
need to min1m1ze unwarranted governmental intruston Into. and regulation of,
private spheres of conduct and chotce with respect to the use or nonuse of
tobacco and manjuana products m certam des•gnated public areas and in pnvate
places Therefore. the Crty Counc11 hereby declares that the purpose of th1s
ArtJcte 1s to preserve and rmprove the health. comfort, and environment of the
people of thts City by hmitmg exposure to tobacco and mariJuana smoke
Sec. 9-22. Definitions.
The following words, terms and phrases, when used m th1s Art1cle , shall have
the meamngs ascnbed to them 1n th1s sect1on. except where the context clearly
1ndrcates a different meamng
Auditonum means the part of a pubhc bu1ld1ng where an audience gathers to
attend a performance, and includes any corridors. hallways, or lobbies adjacent
thereto
Bar means any area that 1s operated and licensed under Art•cle 4 7 of Tttle
12. C R.S . pnmarlly for the sale and servtce of alcohol beverages for on-
premises consumptton and where the servtce of food 1s secondary to the
consumption of such beverages
Ctgar-tobacco bar means a bar that. lrl the calendar year ending December
31 , 2005. generated at least five percent or more of tts total annual gross mcome
or fifty thousand dollars in annual sales from the on-site safe of tobacco products
and the rental of on-site humidors. not Including any sales from vending
mach1nes. In any calendar year after December 31 2005, a bar that fails to
generate at least five percent of 1ts total annual gross income or fifty thousand
dollars 1n annual sales from the on-s1te sale of tobacco products and the rental of
on-stte hum1dors shall not be defined as a "ctgar-tobacco bar" and shall not
thereafter be 1ncluded 1n the definttion regardless of sales figures
Employee means any person who, regardless of whether such person is
referred to as an employee. contractor. Independent contractor. or volunteer or
2
by any other designation or htle e1ther (I) performs any type of wor1< for benefit
of another 1n consideration of dtrect or md1rect wages or profit or (II) provides
uncompensated work or serv1ces to a buscness or nonprofit enttty
Employer means any person. partnership, assocl8tton corporation. or
nonprofit ent1ty that employs one (1) or more persons Employer Includes.
wtthout hm1tat1on. the leg1slatrve. execut1ve. and JUd1c1al branches of state
government. any county, city and county, ctty, or town. or mstrumentahty thereof,
or any other poht1ca l subdMsion of the state. special district, authonty.
comm1ssion or agency or any other separate corporate Instrumentality or unrt of
state or local government.
Entrywsy means the outside of any doorway leading Into the indoor area of
any build1ng or fa~hty that t& not exempted from th1s Article under Section 9-24
Enlryway also tncludes the area of pubhc or private property wtthm fifteen (1 S)
feet of the doorway
Env1ronmental smoke or secondhand smoke means gases. part1ctes and
vapors released tnto the a1r as a result of the combustton. electncal ignttion,
vaponzatlon or heating of any substance. includmg but not hmited to tobacco.
nicot1ne or a manJuana product. also known as •stdestream smoke: and such
gases, particles and vapors that are exhaled by the smoker
Food service establishment means any Indoor or outdoor area or portton
thereof 1n wh1ch the pnnc1pal bus1ness IS the sale of food for on-prem1ses
consumption The term includes, WTthout hmrtat1on. restaurants cafetenas,
coffee shops, diners. sandwich shops, and short-order cafes
Hookah bar IS an establishment where patrons by themselves or by shanng
with others smoke tobacco, martjuana or s1m11ar products from a communal
hookah or nargtle or s1m1lar dev1ce
Indoor ares means any encJosed area or portion thereof. The opentng of
w1ndows or doors, or the temporary removal of wall panels does not convert an
indoor area into an outdoor area
Man}uana means all parts of the plant of the genus cannabis, whether
growing or not the seeds thereof, the restn extracted from any part of the plant
and every compound. manufacture, salt derivative, m1xture or preparation of the
plant. •ts seeds or rts resin. 1nclud1ng marijuana concentrate It does not include
tndustrial hemp fiber produced from the stalks. Otl or cake made from the seeds
of the plant, or stenhzed seed of the plant which 1s incapable of germ1nation. or
the we~ght of any other ingredient combined With marijuana to prepare topical or
oral admimstrabons, food. dnnk or other product. if these Items extst apart from
any other Item defined as manJuana.
3
MsnJuBne products means products that are compnsed of marijuana and
other mgred1ents and are mtended to be consumed by smoktng or mhslat1on
Place of employment means any tndoor area or portion thereof under the
control of an employer tn whtch employees of the employer perform serv1ces for.
or on behalf of. the emplOyer
PubliC bulldmg means any bUtld1ng owned or operated by
( 1) The state. 1ncJudmg the leg•slahve executiVe and JUdicial branches
of state government.
(2) Any county. city and county. c1ty. or town or tnstrumentalrty thereof
or any other polthcal subdiviston of the state. a spectal dtstnct. an authonty. a
commtss1on or an agency of any of the same. or
(3) Any other separate corporate •nstrumentality or umt of state or local
government
Public meeting means any meeting open to the pubhc pursuant to Part 4 of
Article 6 of Tttle 24, C R S . or any other law of the state
Retatl smokmg accessory busmess means a sole proprietorship
corporation. partnershtp or other enterpnse engaged pnmartty tn the sale or
promot1on of smok1ng devtces accessones or paraphernalia such as but not
limited to vaponzang devtees p1pes challums bongs hookahs and electronic
cagarettes and products intended for use tn connectton wrth such devtces, and tn
which the sate. manufacture or promotion of other products •s merely tncidental
Retatl tobacco business means a sole proprietorsh•P. corporat•on.
partnershtp or other enterpnse engaged prtmanly 1n the sale or promotion of
tobacco or tobacco products at retatl. and •n whtch the sate. manufacture or
promotion of other products is merely tncldentat
Smoke-free work ar&a means an tndoor area tn a place of employment
where smoktng tS prohtbrted undef thts Chapter
Smokmg means the bummg, healing. electncat tgnttton or vaponzatton of a
cigarette. c1gar. p1pe. or any other similar product, matter or substance that
contaans tobacco, mcotine. man,uana, any other substance. or any combination
thereof. and the Inhaling and exhaling of envtronmental smoke created thereby
Tobacco means c1garettes ctgars cheroots stogtes and penques.
granulated. plug cut crimp cut. ready rubbed. and other smokmg tobacco snuff
and snuff flour. cavendish. plug and twist tobacco ftne-cut and other chewtng
tobacco. shorts refuse scraps clippmgs. curttngs and sweeptngs of tobacco.
4
and other k1nds and forms of tobacco, prepared m such manner as to be suitable
for chewmg or for smoktng tn a c1garette p1pe or otherw•se or both for cheWing
and smoktng Tobacco also tncludes cloves and any other plant matter. or
product tncludlng hqutd. excluding manjuana and manJuana products that 1s
packaged for smoktng
Work ares means an area 1n a place of employment where one or more
employees are routinely assigned and perlonn servtces for or on behalf of their
employer
See. 1·23. O.neral amoking reatrictiona.
(a) Except as provtded tn Section 9-24, and 1n order to reduce the levels of
exposure to environmental smoke. smok1ng shall not be perm1tted and no person
shall smoke '" any •ndoor area. includ1ng but not limited to
(1) Pubhc meeting places.
(2) Elevators:
(3) Govemment-owned or operated means of mass transportatiOn
Including, but not hm1ted to buses vans. and tra1ns.
{ .. ) Tax1cabs and limousines.
{5) Grocery stores.
(6) Gymnas1ums:
(7) Jury wamng and deliberation rooms:
(8) Courtrooms;
(9) Chtld day care facihttes .
(10) Health care faetlrties indudtng hospitals. health care clinics. doctors
offices, and other health care related faciht1es
(1 1) (A) Any place of employment that 1s not exempted.
(8) In the case of employers who own faethties otherwrse exempted
from th1s ArtJcle. each such employer shall prov1de a smoke-free work
area for each employee requestmg not to have to breathe
environmental tobacco smoke Every employee shall have a nght to
wonc 1n an area free from envrronmental tobacco smoke
5
(1 2) Food servtce establishments
(1 3) Bars.
(14} Ltmtted gam1ng facthttes and any other factlrttes 1n whtch any gamtng or
gambhng act1v1ty •s conducted
(15) Indoor sports arenas.
(16) Restrooms lobbtes. hallways and other common areas m publtc and
pnvate bulldtngs condomtnttJms and other multiple-unit restdent1al facthties.
(17) Restrooms. lobb1es hallways, and other common areas 1n hotels and
motels and tn at least seventy-five percent (75%) of the sleeptng quarters wtlh•n
a hotel or motel that are rented to guests
(18) Bowling alleys
( 19) Billiard or pool halls
(20) F acthttes tn whtch games of chance are conducted
(21) The common areas of rettrements factlrt1es publicly owned houstng
raclhttes and. except as spectfted •n sectton 9-24{6). nurstng homes not
1nctud1ng any restdent's pnvate res1denttal quarters or areas of ass1sted hvtng
facilities spectfie<i tn Sectton 9·24(6),
{22) Public bUIIdrngs,
{23) Auditona.
(24) Theatres.
(25) Museums
(26) Ltbranes.
{27) To the extent not otherwtse provided tn Sect•on 25-14-103 5. C R S
public and nonpubllc schools.
(28) Other educattonal and vocational tnstltuttons,
(29) Retatl smoktng accessory bustnesses.
(30) The entryways of all butld1ngs and faethttes ltsted tn paragraphs (a)(1)
through (a)(29) of th ts Section"
6
(b) Except as provtded tn Secuon 9-24 and tn order to reduce the levels of
e)(posure to environmental smoke smokmg shall not be permttted and no person
shall smoke tn the followtng outdoor areas
( 1) The followmg facthties and areas of any pubhc property wrthtn the City
a. Par1(s. playgrounds. &Wimmtng pools. recreation factlit~es skate pa(1(s
athletic ftelds ptcntc shelters. tennts courts. greenbelts. tratls and open space
and stmllar locabons. and
b Outdoor locations to whtch the general public has access to partiCipate
in City events. such as the Carnahan Festival and other City events
(2) Transit stops. tncludtng light-rat! platforms and bus stops with or without
benches and/or shefters
(c) Noth1ng here1n shall be deemed to permrt the consumptton of manJuana
that IS conducted openly and pubhcly, tn a manner that endangers others or
otherwtse vtolates state law.
Sec.l-2.t. Exception• to amoklng re•trictiona.
(a ) This Article shall not apply to·
(1) Private homes. pnvate residences. and pnvate automobiles, except
that Section 9-23 of th1s Arttc!e shall apply tf any such home. residence. or
veh1de cs bemg used for chtld care or day care or rf a pnvate vehacle ts be.ng
used for the public transportatton of Children or as part of health care or day care
tranaportataon:
(2) Ltmouslnes under pnvate hire.
(3) A hotel or motel room rented to one (1) or more guests Jf the totaJ
percentage of such hotel or motel rooms tn such hotel or motel does not exceed
twenty-five percent (25%)
(4) The &mokmg of tobacco •n a c•gar-tobacco bar,
(5) The smoking of tobacco Wtlhtn outdoor seating and patio areas prov•ded
by food seNtee establishments and bars
{6) The smoktng of tobacco WJthln the outdoor area of any bvs10ess not
specrfted under subsection (5) above except to the extent that the outdoor area
of such business is wrthan fifteen ( 15) feet of an entryway.
7
(7) A place of employment that 1s not open to the pubhc and that 1s under
the control of an employer that employs three or fewer employees.
(8) A private nonresidential bUIIdmg on a farm or ranch. as defined 1n
Sect1on 39-1-102. C R S . that has annual gross mcome of less than five hundred
thousand dollars ($500.000).
(9) A . The areas of ass1sted hvmg faethttes
(i) That are designated for smoktng for residents.
(ii) That are fully enclosed and venttlated, and
(in) To whrch access 15 restncted to the restdents or thelf guests or
( 1 0) The smoktng of tobacco 1n a retail tobacco bustness.
B As used In th1s subparagraph (a)(9). ~assisted hving facility* means
a nurstng facility, as that term is defined in 25 5-4-103, C R S . and an asststed
living residence. as that term is defined In sect1on 25-27-102, C R S
Sec. 9-25. Optional prohibitions.
(a) The owner or manager of any place not spectfically listed 1n SectiOn 9-
23. tncludtng a place otherwise exempted under Section 9-24. may choose to
prohibtt smoktng tn such place or restnct smoktng to certa1n destgnated areas
only by posttng s1gns that prov1de nottce of the same Where signs are posted
that prohibit smoking. whether tn all areas or only 1n certain designated non-
smoking areas. such posting shall have the effect of 1ncludmg such place or the
designated nonsmoking portion thereof, in the places where smoking is
prohibited or restricted pursuant to this Arttcle.
(b) If the owner or manager of a place not speclftcally listed rn Sectton 9-23,
tncludtng a place otheiWise exempted under Sect1on 9-24. IS an employer and
rece1ves a request from an employee to create a smoke-free work area. the
owner or manager shall post a sign or stgns 1n the smoke-free work area as
provtded tn subsection (a) of thts Section
8
Sec. 9-26. Other applicable regulations of smoking.
Thts Article shall not be construed to perm1t smok1ng where 1t 1s otherw1se
restriCted by any other apphcabfe law. tncludmg. but not hmtted to SectiOn 11 -
4o.t(e) of tht& Code. proh1brting manJuana clubs. and Section 16-131(c) of thts
Code. prohtbittng the open and public consumption of mariJuana products,
manJuana. cannabis or cannabiS concentrate
Sec. 9·27. Hookah bars prohibited.
Hookah bars are prohibited wrthin the C1ty
Sec. 9·28. Unlawful acta.
(a) It Is unlawful for a person who owns. manages, operates. or otherwtse
controls the use of property subjeCt to the prov1s1ons 1n thrs Article to violate or to
knowmgly permit the VIOlation of any prov1s1on of thts Article.
(b) It ts unlawful for a person to smoke 1n an area where smoking 1s
proh1b1ted pursuant to th1s Article
Sec. 9-29. Reserved.
Stction 2, Safetv Clause The Crty Counc11 hereby finds. determmes. and declares
that tht& Ordinance 1& promulgated under the general pollee power of the Crty of Wheat Rtdge.
that 1t is promulgated for the health safety. and welfare of the public and that thiS Ordinance is
necessary for the preaervat1on of health and safety and for the protection of pubhc
convenience and welfare The City Council further determines that the Ordinance bears a
rahonal relation to the proper legislative objeCt sought to be atta1ned
§tction 3. SeverabiUtv; Conftlctina Of'dlnancet Repealed. If any section.
subsection or clause of this Ord1nanoe shall be deemed to be unconstitubonal or othei'Wlse
~r~valid. the validity of the rematn1ng sections. subsections and clauses shall not be affected
thereby All other ordinances or parts of ordmances 1n confl1ct with the provistons of th1s
Ordinance are hereby repealed
Section •• Eft!ctiye pata Thts Ordmance shall take effect fifteen (15} days after final
publication, as provided by Sect1on 5 11 of the Charter
INTRODUCED. READ, AND ADOPTED on first read1ng by a vote of 8 to 0 on this 28th
day of September. 2015. ordered pubhshed in full 1n a newspaper of general c1rculabon in the
City of Wheat Ridge and Public Heanng and cons1deratton on final passage set for October 12.
2015 at 7 00 o'clock p m .. In the Coune~l Chambers. 7500 West 29th Avenue. Wheat Ridge.
Colorado
READ. ADOPTED AND ORDERED PUBLISHED on second and final read1ng by a vote
of 8 to 0 . thiS 12t h day of Oc t obH . 2015
9
SIGNED by the Mayor on thts D th day of _oc_r_o_h_er _____ _ 2015
ATTEST .I
F•rst Pubhcat•on October 1 2015
Second Pubhcatton 0<' t ob\· r • 2015
Wheat Rtdge Transcnpt
Effecttve Date Oc:rob~r JO . :'OtS
10
.._I> I I
.. ~ .. City of • -~ Wheat&_dge ~OFFtCE OF THE Crrv MANAGER .
Memorandum
FROM:
Mayor and City Council
Patrick Goff. City Manager~ TO:
DATE: November I I , 20 I 5
SUBJECT: 2016 Carnation Festival Plan.niJlg Update
The Carnation Festival is the City of Wheat Ridge's annual celebration. Tbe City is the festival"s
primary sponsor and i_n 2015 contributed $52,500 to fund a significant portion of the expenses
for the festival and provided $22,500 of in-kind personnel expenses. The Carnation Festival
Committee has made great efforts to improve the festival arulUally.
City Council approved an appropriation of $20,000 in September 2015 to upgrade and improve
popular events in 2016 such as the fireworks and the carnival. The early appropriation will also
allow the festivaJ to reserve both events at 2015 pricing for the 2016 festival.
City Council also approved a $60,000 appropriatiou in the 2016 budget for the festivaJ with the
contingency that the Carnation Festival Committee replace the circus with a new main attraction
in 2016. Members of the Festival Committee will be at the November 16111 study session to
provide an update to City Council on the 2016 planning process and to request that City Council
rescind the prohibition on the circus as the main evenl
ATTACHMENTS:
l. Memo from Festival Chair, Joseph E. DeMott
2. Wheat Ridge Carnation Festival Main Attractions
3. Wheat Ridge Carnation Festival 2015 Budget
Wheat Ridge Carnation Festival
Festival Mission: To create a family friendly community celebration that features food,
fun, and entertainment.
Festival Goals: To engage many of the Wheat Ridge community service clubs, non-
profits, schools, and organizations that most benefit from an exciting environment. And
for local businesses to engage with citizens and future customers.
Benefactors of the Festival:
• The Wheat Ridge Rotary
• The Wheat Ridge Optimists
• The Wheat Ridge Active Adult Center
• The Senior Resource Center
• WRHS Cheerleaders
• WRHS Band
• WRHS Stem Program
• WRHS Football
• Green Mountain High School Band
• Stanley Lake High School Band
• The Lutheran Foundation
• The Wheat Ridge Firefighters Foundation
• Blood Hound Trackers
• WRPD Bike Rodeo
• Juvenile Diabetes Research Foundation
The numerous activities are not gauged on profit but on residual benefit, for example:
• Music; produces no direct revenue(no tickets are sold but without it no beer would be
sold)
• Fireworks; Free, but one of our largest draws.
• Parade; the ONLY parade In Wheat Ridge
These attractions are not expected to make a dime!
Main Attraction: This our ONLY ticketed event and chance to recoup some of the money
we spend. This years circus main attraction was the first year it was actually
unexpectedly profitable. The uniqueness of a circus at our festival differentiates us from
all other festivals which makes sponsorship not only possible but easier. $23,000 of our
entire sponsorship was directly because of the circus. We also sold S21 ,486 In tickets. In
comparison, all other attractions so.ld $0 combined.
Respectfully Submitted:
Joseph E. DeMott, Festival Chair
Attachment 1
November 16,2015
WHEAT RIDGE CARNATION FESTIVAL
MAIN ATTRACTIONS
1. CARNATI ON FESTIVAL MI SSION
To create a familyfriendly, community celebration that features food, fun and entertainment
A. GOALS OF FESTIVAL ATTRACTIONS
i. Appealing to the desired demographic-families
ii. Something for everyone-must be diverse enough for moms, dads, kids and grandparents all to
have something to enjoy
iii. Unique attractions that separate us from every other tcstival in the metro area
iv. High quality, professional, safe attractions
v. Cost\ s Value-does the attr.action meet the "senses" test and help achieve goals
vi. Would a sponsor want to align with .Jttraclion enough to provide financial support?
2. FIVE SENSES TEST OF PROPOSED 2016 ATTRACTIONS ..-l ATTRACTION SIGHT SMELL TASTE TOUCH HEAR SCORE
Fireworlts X X X X 4
Music X I X X ]_ X 4
Carnival X X X X X 5
Circus X X I X I X 5
Parade X X X 3
Automezzi X X X 3
All attractions should score a minimum of 3 to be considered viable. If the attraction scores a 5 il will be
appealing to the maJority of the guests. For purposes of fcsttvals. the followmg senses are described as:
SIGHT= visually appealing, SMELL= creates a nice memory, TASTE= food or beverage offered at
attraction, TOUCH =guest interaction, HEAR= pleasing or exciting sound
Both the circus and carnival score a 5 \vhich makes them desu·ablc allracuons. In 2015, both the circus
and the carnival broke even when combining sponsorship and ticket sales directly related to each
attraction. After all C}(penses were paid on the two attracttons, the fcsttval net was $5,073 on the carnival
..tnd $5,036 on the circus whtch makes them both highly de-;irable <lltract!ons and ones we want to
continue with as we butld the festival leading up to the 501'1 Anniversary Year in 2019. The monies
generated on these two attractions will potentially add $10,000 per year to help fund the so~h year event.
Attachment 2
1:19PM
11/09/16
Cash Basis
Carnation Festival Inc
Profit & Loss
January through October 2015
Ordinary lncom~t/Expense
Income
1. Pre Event Non Refundable Rev
Circus Sponsorship
City Investment
Corporate Sponsorship
Parade Sponsorship
Vendor Booth Fees
Total 1. Pre Event Non Refundable Rev
2. Event (Not Guanmteed) Rev
Carnival FOOd Income
Camival Game Income
Camlval Ride Income
Camlval Wristband Income
Chili Cookoff Ticket SaJes
Circus Sales
Crafters Beer & Wine Saln
Food Sales
Kid's Zone Sales
Main Beer Garden Sales
Midway Beer Trailer Sales
Other (Parade/Parklngllce)
Spaghetti Supper Sales
Total 2. Event (Not Guaranteed) Rev
Total Income
Gross Profit
Expense
1. General Expenses · Fixed
Alcohol Sotup
Special Event License
Trailer. cups, wristbands. Ice
Total Alcohol Setup
Circus Main AtTraction FMIRido
Circus Fees
Circus Rider
Total Circus Main Atrractlon FeeJRide
Contract Labor
Circus Labor (Setup/Tear Down)
Parking
Security
Ticket Box Office/Cash Mgmt
Total Contract Labor
Event Organizer Fees
Facilities and Equip Rentals
Bus Shuttte
Equip Rentals . Tents, Tables
Fencing
Generators
Golf Carts
Port-a-potties
Trash Dumpster & Totes
Total FacllltJes and Equip Rentals
Fireworks
Attachment 3
Jan -Oct 15
23,000.00
70,000 00
12,590.00
2,500.00
22,096.00
130,186 00
7.236 00
10,649.00
20.819.00
5,860 00
893.00
21 ,486.51
6,067.00
41,439.00
7,338.00
19,706.00
6,259.00
3.266.00
4.61 1.00
150 00
1.997.33
155,629 51
285,815.51
285.815 51
2,147.33
37,500.00
198.50
37,698.50
1,108.89
1,372.50
1,582.50
3,430.00
7,493.89
25.000.00
800.00
10,083.74
4,882.50
8,500.00
400.00
2,911.00
1,264 23
28,841 .47
10,000.00
Page 1
1:19PM
11109115
Cash Basis
Carnation Festival Inc
Profit & Loss
January through October 2015
Kids Zone Entertainment
DonatJon
Magician
Party Time Rentals
Sound Production
Walk around talent
Total Kids Zone Entertainment
Main Stage Music I Productlon
Back line for bands
Bands
Rlders/Hopitallty
RTP ·sound, llghts, power
Total Main Stage Music I Production
MarketlngJAdviPrintlng/Signago
Bus Shelters/Rack cards/Repairs
Design Services
Festival Fun Tickets Printing
New Directional & Parking Slg~
Print Ads
Sponsor SalesJMktg -At Event
Website hosltlnglupdate, Domain
Marketlng/Adv/Prtntlng/Signage • Other
Total Marketlng/Adv/Printlng/Signage
Other General Axed Expenses
Bank Charges
D & 0 Insurance
Gateway Fees
lnsuranee • Uability
MlscDecor
Office Supplies
Other Costs
Tax Prep
Volunteer Meals
Total Other General Flxed Expenses
Parade & Band Showcase
Band Donations
General Expenses
Total Parade & Band Showcase
Total1. General Expenses· Fixed
2. General Expenses • Variable
Alcohol Vendor Payout
Beer Purchases
Chill Cook Off Expense
Cratt.rs Beer ~yout
Grafters Wine Payout
Food Vendor Payout
Games & Rides Payout
Kids Activities Payout
Soda Purchases
Spaghetti Dinner Donation
Spaghetti Supper ExpenM$
Wine Purchases
Total 2. General Expenses· Variable
Total ExpeOM
Net Ordinary Income
Net Income
Jan -Oct 15
31200
70000
1,335 00
750 00
53 <42
3.150 42
975.00
16,335 00
524 96
6,000.00
23,834.96
500.00
1,500 00
752.98
1 182 00
5,721 00
37<4 00
29000
<48.38
10.368 36
·51 00
45500
1,115 83
3,331 00
288 79
521 53
6203
2000
1,927 68
7,670.86
2,400.00
1,036 95
3,436.95
159,642.74
10,167 70
4,508 57
13 1 27
1,198 25
637 00
39,814 09
28.239.30
10.191 50
·184 41
40000
2,567 60
603.00
98,273 87
257 916 61
27.898 90
27,898.90
Pago 2