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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 0A.t4L Ku£Ct4£N M£tST £R R£NAUO LLP 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