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Help & SupportChapter 4-11: Mall Permits and Leases24
The purpose of this chapter is to promote the public interest by enhancing the attractiveness of the mall environment; providing opportunities for creative, colorful, pedestrian-focused commercial activities on a day/night, year-round and seasonal basis; encouraging commercial activity and entertainment that adds charm, vitality, diversity, and good design to the mall area; encouraging the upgrading of storefronts and the development of compatible and well-designed improvements; providing revenue to offset in part the cost of maintaining the mall area; providing reasonable time, place, and manner restrictions on constitutionally protected activities so that they may flourish without detracting from the purpose of the mall as a commercial forum and a means of access to businesses on the mall; and limiting private development on the mall to those proposals of the highest quality that advance these purposes.
Ordinance No. 5563 (1993)
The following terms used in this chapter have the following meanings, unless the context clearly indicates otherwise:
"Advocacy adjunct" means lightweight tables, chairs, and signs capable of being moved easily in case of emergency which are entirely within an advocacy area and do not exceed six feet in height.
"Advocacy area" means those designated areas of the mall where tables, chairs, and signs otherwise prohibited may be employed pursuant to the provisions of this chapter as an adjunct to political advocacy, noncommercial fundraising, and petitioning the government.
"Ambulatory vendor" means a portrait artist or landscape artist, or any person who engages in the business of selling balloons, flowers, or shoe shines while moving about the mall.
"Building extension" means any structure that is an extension of an existing building front or basement adjacent to the mall and that encroaches upon the mall.
"Building ornament" means any awning, sign, planter box, or other ornament on a building adjacent to the mall that encroaches upon the air space above the mall.
"DMC" means the Downtown Management Commission established by section 2-3-5, "Downtown Management Commission," B.R.C. 1981.
"Educational activity" means all noncommercial activity of any person or group directed at informing or persuading the public which is consistent with the provisions of this code and the laws of the state and the United States, and specifically includes the passage of petitions and the advocacy of candidates and issues in any election.
"Entertainment" means a performance or show designed to entertain the public but excludes services provided on a one to one basis.
"Entertainment vending" means the sale of a recorded performance of an entertainer by that entertainer while that entertainer is performing.
"Festive activity" means a cultural event of community-wide interest, including, without limitation, events involving sales, the primary purpose of which is not for profit, which is consistent with the legislative intent of this chapter, and which is scheduled by the DMC and approved by the city manager.
"Kiosk" means a freestanding structure erected by the city within a pedestrian circulation area and used for the posting of notices or advertisements. It also means a small building located in Mall Zone 3 and operated under lease for the sale of food, flowers, newspapers, or other goods approved by the DMC.
"Mall" means the Boulder downtown pedestrian mall established by Ordinance No. 4022, adopted February 18, 1975.25
"Noncommercial" means that which does not involve the sale of real or personal property or a service.
"Nonprofit group" means an entity which has received a tax status determination by the United States Internal Revenue Service as a section 501 tax exempt organization, or which is incorporated as a nonprofit corporation under the laws of the State of Colorado, or which is incorporated as a nonprofit corporation under the laws of another state and has been issued a certificate of authority by the secretary of state for Colorado to conduct affairs in Colorado.
"Personal services vendor" means any person providing personal services on a one on one basis which does not involve the sale of goods.
"Sale" or "sell" means the exchange of goods or services for money or other consideration, and includes the offering of goods or services for a donation except when a writing is offered for a donation to express bona fide religious, social, political, or other ideological views, and the writing is carried by the person offering it and not set on the ground or any structure.
"Special activity" means an educational or festive activity, or an activity not involving sales and sponsored by a nonprofit group, that involves the use of a booth, blanket, table, structure, cart, or other equipment on the mall. It also means sales conducted as a fundraising activity by a nonprofit group if:
(a) The group has volunteer members actively engaged in carrying out the objects of the entity;
(b) The sales on the mall are made only by the group's volunteer members;
(c) Such volunteer members receive no remuneration, direct or indirect, from the sales or sales activities; and
(d) Any goods sold either bear conspicuously on their exterior the name of the group or its registered trademark, or such goods are unique to the group and are not readily available through retail stores in the city.
"Special entertainment" means any activity which involves the juggling, casting, throwing or propelling of a knife or burning projectile on the mall, or involves the use of equipment on the mall which is more than six feet above the surface of the mall when at rest or when bearing a load while being used in the act.
Ordinance Nos. 5563 (1993); 7001 (1999)
4-11-3 Designation of Mall Zones.
(a) In order to carry out the provisions of this chapter, the mall is divided into the following zones:
(1) Zone 1 consists of the ten feet of mall property directly adjacent to the north and south mall property lines.
(2) Zone 2 consists of the areas of mall property that have been designated for pedestrian traffic, emergency and service vehicles, and street furniture.
(3) Zone 3 consists of the areas of mall property that have been designated as suitable for private kiosks.
(4) Zone 4 consists of all landscaped areas of the mall.
(5) Zone 5 consists of those areas where the city manager may install a temporary or permanent structure which is managed to answer visitor questions about activities and services on the mall and within the city generally.
(b) The boundaries of these zones are established as illustrated on maps entitled "Mall Diagrams 1 through 4," at the end of this chapter, which are incorporated by reference into this chapter.
(c) Where issuance of a permit depends on the applicant obtaining the written consent of the tenant occupying the building in front of which the applicant desires to locate, such consent need not be obtained if the permit is to be used in Zone 1 only when the tenant is not open for business. The city manager shall list this restriction on any permit to which it applies.
Ordinance No. 7283 (2003)
4-11-4 Uses Prohibited Without Permit.
(a) (1) No person shall sell, display for sale, or advertise for sale any goods or services to the public on the mall without a valid permit or lease therefor issued under this chapter. This subsection does not apply to a sign, including, without limitation, a sandwich board, carried by a person and not set on or affixed to the ground.
(2) This subsection does not apply to free distribution of information, flyers, pamphlets, or brochures.
(3) This subsection does not apply to a sign used in conformity with section 4-11-4.5, "Advocacy Area Permit," B.R.C. 1981.
(b) (1) No person shall conduct any activity or enterprise that involves placement of a cart, unrolled blanket, booth, table, stage or other structure, or equipment on the mall without a valid permit or lease therefor issued under this chapter.
(2) This subsection does not apply to equipment that is intrinsic to an entertainment act, provided the equipment:
(A) Can be carried or wheeled by the entertainer; and
(B) Is not over six feet in height when:
(i) At rest; or
(ii) Bearing a load while being used in the act; and
(C) Covers a rectangular area no larger than five feet by six feet.
(3) This subsection does not apply to advocacy adjuncts used in conformity with section 4-11-4.5, "Advocacy Area Permit," B.R.C. 1981.
(c) No person shall install or construct a building extension, building ornament, or kiosk on the mall without a valid permit or lease therefor issued under this chapter.
(d) No person shall use amplified sound on the mall without obtaining an amplified sound permit issued under this chapter.
(e) No person shall juggle, cast, throw, or propel a knife or burning projectile on the mall, or use equipment which is more than six feet above the surface of the mall when at rest or when bearing a load while being used in the act, without a valid special entertainment permit issued under this chapter.
(f) No person issued a permit under this chapter shall violate any term or condition of that permit.
Ordinance No. 5563 (1993)
4-11-4.5 Advocacy Area Permit.
(a) The city manager shall designate four areas per block within Zones 3 or 4 in the 1100, 1200, and 1400 blocks, and ten areas within the 1300 block as advocacy areas. Each area shall be five feet by six feet.
(b) Any person eligible for an advocacy area permit may place and use advocacy adjuncts within an advocacy area consistent with the requirements of this section at any time without a permit, but shall immediately remove the advocacy adjuncts from any particular area upon the arrival of a person who has a permit for that area and time presents it.
(c) An advocacy area permit is valid only for the period, not to exceed one week, for which it is issued and for the location specified in the permit. No applicant may be issued more than one permit for a day. No fee will be charged for issuance of an advocacy area permit.
(d) The manager shall receive applications for advocacy area permits no more than one week in advance of the first day of the permit. Permits shall be issued on a first come, first served basis. If applications for the same space are received simultaneously, the manager shall determine priority by lot. Applications received at the DMC office by mail or any other means other than in person shall be deemed received at 5:00 p.m. on the day received unless received later than that time, in which case they shall be deemed received at 5:00 p.m. on the next business day. When a lot is used, and when the desired location is taken for some, but not all, of the period requested, the manager shall give as much weight to the preferences of the various applicants as may reasonably be given.
(e) If a special activity permit is issued for an arts related event and covering every block of the mall, the manager shall designate and provide alternative locations within the same block if feasible, or elsewhere on the mall if feasible, and otherwise as close to the mall as practicable to all applicants, not exceeding twenty-two, who qualify for advocacy area permits. The manager may so displace users of advocacy areas for only one such special activity permit in any calendar year.
(f) The applicant or an agent of the applicant shall be present at all times in the advocacy area when advocacy adjuncts are present.
(g) No person shall use an advocacy adjunct for any purpose other than a noncommercial purpose.
(h) Sales of goods or services for any purpose are permitted under an advocacy area permit only if the permittee also has a special activity permit, but a permittee may solicit donations so long as no portion of the donation goes to the financial benefit of any natural person who is soliciting the donation. If the permittee is soliciting donations and is also giving out goods or services related to the advocacy, such goods or services must not be given on condition that a donation is made, and must be available free to anyone requesting such goods or services, although the permittee may limit the number any one person may receive so long as such limit is not conditioned upon the donation.
(i) A permittee may place within the advocacy area and not rising above six feet one sign no larger than eighteen inches by eighteen inches advertising the permittee's cause. The permittee may also hang from the table such signs as do not rise more than three feet above the ground, and may lay on the table such signs as do not rise more than six inches above the table.
Ordinance No. 5563 (1993)
4-11-5 Ambulatory Vending Permit.
(a) Ambulatory vending is permitted only in Zones 1, 2, and 3. An applicant for an ambulatory vending permit, any of which is to be used in Zone 1, shall first obtain the written consent of the tenant occupying the building in front of which the applicant desires to locate.
(b) An ambulatory vendor's permit is valid for a one-month period, as specified in the permit, upon payment of the fee prescribed by section 4-20-11, "Mall License and Permit Fees," B.R.C. 1981.
4-11-6 Amplified Sound Permit.
(a) Amplified sound permits may be issued for all zones. An applicant for an amplified sound permit which is to include any part of Zone 1 shall obtain the written consent of the tenant occupying the building in front of which the applicant desires to locate.
(b) The city manager may permit the use of amplified sound only if the amplified sound is essential to the exercise of a use allowed under this chapter and will benefit the public or enhance the ambiance of the mall. Every use of amplified sound shall comply with section 5-9-3, "Exceeding Decibel Sound Levels Prohibited," B.R.C. 1981. The manager may attach such other reasonable conditions on the use of an amplified sound permit as may reduce friction among competing uses of the mall or serve the purposes of this subsection.
(c) An amplified sound permit is valid only for the period and location specified in the permit. No applicant may be issued more than one permit for a day. No fee will be charged for issuance of an amplified sound permit.
4-11-7 Building Extension Permit or Lease.
(a) Building extensions are permitted only in Zone 1.
(b) A person who wishes to construct a permanent building extension on mall property shall obtain a lease from the city in accordance with section 2-2-8, "Conveyance of City Real Property Interests," B.R.C. 1981. The lease may be renewed and shall contain provisions for the eventual acquisition of title to the permanent building extension by the city or for the removal of such construction at the owner's expense along with restoration of the mall to its original condition at the termination or expiration of the lease.
(c) Every lease also shall provide that if the city requires the use of the leased property before expiration of the lease period, it may terminate the lease upon reasonable notice to the owner and reasonable compensation for the expenses of removing the building extension.
(d) Each application for a lease shall be reviewed by the DMC, which shall recommend to the city manager approval, approval with conditions to be incorporated in the lease agreement, or denial of the application. The manager then will decide whether to grant the lease application and prescribe the lease terms.
(e) The city will not issue a lease for a basement-level building extension, except those approved prior to September 15, 1981.
(f) A permanent building extension shall remain open to the public during the minimum number of retail business hours specified in the lease agreement.
(g) A building extension permit or lease may be issued only if:
(1) The existing building front conforms, or is improved so as to conform, to the City of Boulder Downtown Boulder Private Development Guidelines for Architecture and Signs, June 1976; and
(2) The proposed building extension will benefit the public or enhance the ambiance of the mall.
(h) The construction of a building extension shall be completed within the time period established in the permit or lease, which shall in no event exceed one year, or the permit or lease will automatically expire.
(i) All building extensions, including, without limitation, basement stairwells, shall be illuminated as necessary to ensure public safety during hours of operation and non-operation from dusk until 3:00 a.m.
(j) A building extension permit is valid for the period of May 1 to April 30 of the following year, upon payment of the fee prescribed by section 4-20-11, "Mall License and Permit Fees," B.R.C. 1981. For the first year of the permit, this fee will be prorated for the balance of the permit period. A building extension permit is renewable automatically every year upon payment of the applicable fee, unless terminated or revoked in accordance with section 4-11-22, "Termination of Permits," B.R.C. 1981.
(k) The holder of a building extension permit or lease shall indemnify and hold harmless the city, its officers, employees, and agents against any and all claims arising from any occurrence occasioned by the permitted use, and shall maintain during the period of the permit or lease comprehensive general public liability and property damage insurance, as prescribed by section 4-1-8, "Insurance Required," B.R.C. 1981, naming the city, its officers, employees, and agents as insureds; providing that the insurance is primary insurance and that no other insurance maintained by the city will be called upon to contribute to a loss covered by the policy; and providing for thirty days' notice of cancellation or material change to the city.
Ordinance No. 5919 (1997)
4-11-8 Building ornament Permit.
(a) Building ornaments are permitted only in Zone 1.
(b) A building ornament permit may be issued only if:
(1) The existing building front conforms, or is improved so as to conform, to the City of Boulder Downtown Boulder Private Development Guidelines for Architecture and Signs, June 1976; and
(2) The proposed building ornament will benefit the public or enhance the ambiance of the mall.
(c) No fee will be charged for the issuance of a building ornament permit, whose term is perpetual.
4-11-9 Entertainment Vending Permit.
(a) Entertainment vending permits may be issued for all zones. An applicant for an entertainment vending permit which is to include any part of Zone 1 shall obtain the written consent of the tenant occupying the building in front of which the applicant desires to locate.
(b) Recordings may only be stored or displayed in the case used by the entertainer to transport the instrument played, in or on other equipment intrinsic to the act, or in a single case no larger than two feet by two feet by one foot, which may be located on a stand or table with a surface no larger than four square feet.
(c) The permittee may display one sign with one sign face advertising the sale of the recordings, if it is:
(1) No larger than one foot by one foot;
(2) Attached to the case used by the entertainer to contain the instrument played, to the case containing the recordings, or to other equipment intrinsic to the act; and
(3) Located within the five foot by six foot rectangular area allowed for equipment intrinsic to the act under the exception to the prohibition on equipment on the mall at subsection 4-11-4(b), B.R.C. 1981.
(d) A musical entertainment vending permit is valid for three continuous days or one month upon payment of the fee prescribed by section 4-20-11, "Mall License and Permit Fees," B.R.C. 1981.
Ordinance Nos. 5599 (1993); 567626 (1994)
(a) Kiosks are leased only in Zone 3.
(b) A person who wishes to construct a kiosk on mall property shall obtain a lease from the city in accordance with section 2-2-8, "Conveyance of City Real Property Interests," B.R.C. 1981. The lease may be renewed and shall contain provisions for the eventual acquisition of title to the kiosk by the city or for the removal of such construction at the owner's expense along with restoration of the mall to its original condition at the termination or expiration of the lease.
(c) Every lease shall also provide that if the city requires the use of the leased property before expiration of the lease period, it may terminate the lease upon reasonable notice to the owner and reasonable compensation for the expenses of removing the kiosk.
(d) Each application for a lease shall be reviewed by the DMC, which shall recommend to the city manager approval, approval with conditions to be incorporated in the lease agreement, or denial of the application. The manager shall then decide whether to grant the lease application and prescribe the lease terms.
(e) The city will not issue leases for more than two private kiosks on the mall, which leases are limited to the locations shown in the mall diagrams that follow this title.
(f) A kiosk shall remain open to the public during the minimum number of retail business hours specified in the lease agreement.
(g) A kiosk shall not exceed the size specified for the permitted location, as shown in the mall diagrams that follow this chapter.
(h) A kiosk lease shall be issued only if the proposed kiosk will benefit the public or enhance the ambiance of the mall.
(i) The construction of a kiosk shall be completed within the time period established in the lease, which shall in no event exceed one year, or the lease will automatically expire.
(j) All kiosks shall be illuminated as necessary to ensure public safety during hours of operation and non-operation from dusk until 3:00 a.m.
(k) The holder of a kiosk lease shall indemnify and hold harmless the city, its officers, employees, and agents against any and all claims arising from any occurrence occasioned by the permitted use, and shall maintain during the period of the lease comprehensive general public liability and property damage insurance, as prescribed by section 4-1-8, "Insurance Required," B.R.C. 1981, naming the city, its officers, employees, and agents as insureds; providing that the insurance is primary insurance and that no other insurance maintained by the city will be called upon to contribute to a loss covered by the policy; and providing for thirty days' notice of cancellation or material change to the city.
4-11-11 Rental of Advertising Space on Informational Kiosks.
(a) Advertising space at the top of the seven informational kiosks may be rented as available on an annual basis. An applicant may rent quarter-circle segments of advertising space for an annual charge prescribed by section 4-20-11, "Mall License and Permit Fees," B.R.C. 1981.
(b) The city manager shall approve or disapprove a request for rental of advertising space after receiving a design review recommendation by the DMC. The manager may not consider the content of the proposed advertising when determining whether to approve or disapprove such rental requests.
4-11-12 Mobile Vending Cart Permit.
(a) Mobile vending carts are allowed only in Zones 1, 2, and 3. An applicant for a mobile vending cart permit which is to include any part of Zone 1 shall obtain the written consent of the tenant occupying the building in front of which the applicant desires to locate.
(b) The city manager may issue as many mobile vending cart permits as the manager deems appropriate, but the manager shall not permit the operation of more than fourteen mobile vending carts on the mall at the same time.
(c) A mobile vending cart shall remain in operation during the minimum number of retail business hours specified in the permit. This shall not be less than five days per week and four hours per day during the months of May, June, July, August, and September, and for such additional hours, which requirement shall not exceed the summer requirement, as the city manager may specify in the permit.
(d) A mobile vending cart shall not exceed a size of four feet in width by ten feet in length, excluding roof overhangs and wheels, by eight feet in height.
(e) A mobile vending cart permit may be issued only if the proposed vending cart will benefit the public or enhance the ambiance of the mall. The city manager may issue regulations establishing a merit system of review of mobile vending cart applications, which may include, without limitation, design quality of the cart, addition of diversity to products available on the mall, compatibility with mall activities, experience of the applicant, financial feasibility, cost and quality of product, and the length of the season during which the product can be marketed.
(f) No operator of a mobile vending cart shall conduct the operator's primary trade at locations other than those authorized in the permit. But the operator may sell goods in transit upon request. If an authorized location conflicts with a special activity, the city manager may temporarily relocate the vendor. The city manager may also approve permanent changes of location as other locations become available, if two permittees agree in writing to exchange locations or temporarily on a month to month basis during September through May if the city manager has reason to believe that the regular vendor will not be using the location.
(g) A mobile vending cart shall be in operation as required in subsection (c) of this section or the permit will automatically expire.
(h) A permittee is responsible for maintaining the area within and in proximity to the permittee's cart in a neat, clean, and hazard-free condition, including, without limitation:
(1) Disposing of all trash off-site; and
(2) Storing all mobile vending carts off the mall when not in operation.
(i) A mobile vending cart permit is valid for a one year period, beginning April 1 and ending March 31, with two options to renew for additional one year periods, upon timely payment of the fee prescribed by section 4-20-11, "Mall License and Permit Fees," B.R.C. 1981. A mobile vending cart permit is not automatically renewable thereafter. A permittee who wishes to continue operating after the expiration of the permit shall follow the application procedures required of a new applicant.
(j) The holder of a mobile vending cart permit shall indemnify and hold harmless the city, its officers, employees, and agents against any and all claims arising from any occurrence occasioned by the permitted use, and shall maintain during the period of the permit comprehensive general public liability and property damage insurance, as prescribed by section 4-1-8, "Insurance Required," B.R.C. 1981, naming the city, its officers, employees, and agents as insureds; providing that the insurance is primary insurance and that no other insurance maintained by the city will be called upon to contribute to a loss covered by the policy; and providing for thirty days' notice of cancellation or material change to the city.
(k) Each cart shall display a sign at least one foot by one foot visible to the public which contains the required dates and hours of operation, the items for sale, and the prices of the items. The sign shall be presented to the city manager for approval before it is used. All items and their prices must be approved by the city manager as part of the application process. The city manager may approve item changes or substitutions upon receiving written application for such change.
Ordinance Nos. 5599 (1993); 7001 (1999)
4-11-13 Newspaper Vending Machines.
(a) Permitted Zones: Newspaper vending machines are permitted only in Zone 2.
(b) Installation and Use: The city has installed newspaper vending machines at various locations on the mall. These machines are available for use by permit as provided in this section. No person shall install or use any other newspaper vending machine or similar device on the mall.
(c) Permit Availability: A newspaper vending machine permit is available to any publication that is eligible for the periodicals mailing privileges of the United States Postal Service. A newspaper vending machine permit is available for any particular publication for only one machine in each of the banks of machines installed on the mall.
(d) Permittee Responsibilities: A newspaper vending machine permittee shall maintain the news box face, its interior, and all mechanical workings of its individual box, including, without limitation, the window and face plate; the coin mechanism, coin tray, and lock, if any; and the inside shelves. The newspaper vending machine permittee shall supply and affix to its permitted machine whatever logo or identifying wording it desires to use to let the public know which periodical is inside the machine. Such identifying device shall be no larger than two inches high by fourteen inches wide, with white text on a black background. It shall use a self-stick backing of a type approved by the city manager for its balance of adhesiveness and ease of removal, and be affixed in the location on the box specified by the city manager for all boxes.
(e) Terms of Permit: A newspaper vending machine permit is valid for one year from date of issuance. The fee for a newspaper vending machine permit is that specified in section 4-20-11, "Mall License and Permit Fees," B.R.C. 1981. In addition to other causes specified in this title for permit denial, revocation, or suspension, a newspaper vending machine permit expires when the machine is not in use for a period of thirty days, or if the permittee has failed to maintain the news box over such a period, although the city manager shall take no final action based on such an expiration without notice to the permittee and an opportunity for a hearing. Upon denial of renewal of a permit, or suspension, revocation, expiration for failure to use or maintain, or expiration for failure to renew, the city manager may remove the contents of any machine, change the locks, hold any contents and money as abandoned property, and issue a new permit to someone else.
(f) Non-Periodical Newspaper Vending Machine Boxes:
(1) The city manager shall designate one newspaper vending machine box in each bank for use by purveyors of printed material which is not eligible for the periodicals mailing privileges of the United States Postal Service. Such non-periodical newspaper vending machine boxes shall contain only materials available free to the public, and only one shelf of one box in each bank of boxes shall be available for use for any one such publication or other printed material. If these boxes are configured to hold more than one publication, then the manager shall determine the maximum number of shelves there may be in such boxes, and shall issue such permits on a per shelf basis. The fee for permits to use such boxes shall be that set for periodicals newspaper vending machine boxes, except that the manager shall prorate the fee based on the number of shelves covered by the particular permit.
(2) In the event that there are unused periodicals news boxes in any bank, the city manager may make the space available as temporary non-periodical newspaper vending machine boxes, except that temporary permits issued on this basis shall be revocable at any time that a new applicant for a regular news box receives approval of the application. If it is necessary to choose which temporary permit box is to be used by the new periodicals permittee, the city manager shall determine the matter by lot. In the case of such a revocation based on this priority, the permittee displaced shall be entitled to a refund based on the number of full three-month periods paid but not used.
(g) Eligibility: Mall news box permits are available on a first-come, first-served basis. But for the purposes of transition to the 1999 revised permit system, permittees in good standing as of November 4, 1999 (the effective date of this ordinance) shall be eligible to renew their old permits under the new system. Should the first-come, first-served system not resolve allocation questions, the city manager shall select publications by lot.
Ordinance No. 7002 (1999)
4-11-14 Personal Services Vending Permit.
(a) Personal services vending is permitted only in Zones 1, 2, and 3. An applicant for a personal services vending permit, any of which is to be used in Zone 1, shall first obtain the written consent of the tenant occupying the building in front of which the applicant desires to locate.
(b) A personal services vending permit is valid for one calendar month, as specified in the permit, upon payment of the fee prescribed in section 4-20-11, "Mall License and Permit Fees," B.R.C. 1981.
(c) Only eight monthly permits may be issued at any one time, two per block, at locations specified by the city manager. No permittee shall vend at any location other than that for which the permit has been issued.
(d) The permittee may place one table or one blanket, one advertising sign, and other equipment intrinsic to the service, so long as all such equipment is hand carried in one trip onto and off the mall, and occupies a rectangular area of the mall no larger than five feet by six feet. The advertising sign shall be no larger than eighteen inches by eighteen inches. The applicant shall indicate on the application what equipment is to be used as intrinsic to the service and who will be performing the service, and the city manager shall list on the permit the equipment which is approved as intrinsic to the service and the persons authorized as vendors.
4-11-15 Sidewalk Sales Permits.
(a) The city manager may, after receiving the advice of the DMC, issue a mall sidewalk sale permit to any nonprofit organization whose principal purpose is the advancement of the cultural or economic interests of the downtown area of the city and which has a demonstrated history of at least three years of substantial, active efforts advancing those goals.
(b) The city manager may issue no more than three such permits in any calendar year. Each permit shall be valid for such days, not to exceed three consecutive days, as specified by the applicant and approved by the manager. Such a permit, in the form of a sub-permit as specified in subsection (c) of this section, constitutes a permit pursuant to section 4-18-2, "Sidewalk Sale Permit Required," B.R.C. 1981, for that day for each owner or lessee in possession of property abutting the mall, but only for that portion of Zone 1 which abuts the owner's mall property. The city manager may further impose any condition which may be imposed under section 4-18-2, "Sidewalk Sale Permit Required," B.R.C. 1981, may exclude from the permit any portion of mall Zone 1 which is unsuitable for sidewalk sales because of special pedestrian access, delivery vehicle, or emergency vehicle problems peculiar to such portion, and may further limit the hours of sale, the methods of storage and display of the goods, the allocation of space among multiple owners of property abutting the mall, or for any other purpose reasonably calculated to enhance mall sidewalk sale days as a vehicle for promoting commercial use of the mall in an efficient, coordinated, synergistic manner.
(c) The applicant shall supply the city manager with the names and addresses of each person who is eligible to exercise the privileges of a mall sidewalk sale permit. The manager shall provide the applicant, after approval of the permit, with sub-permits for each such person. It shall be the duty of the applicant to distribute such individual sub-permits so that they may be displayed by the users pursuant to the requirements of this chapter.
(d) The applicant may condition individual sub-permit eligibility only on the assent of individual owners to the sharing of the reasonable promotional costs of the applicant for the sale event on a flat rate, per participant basis, not to exceed $50.00 for each day per sub-permit, and the payment of such amount to the applicant. The applicant shall specify such amount on the application, and the city manager shall issue the permit only if the amount is reasonable.
4-11-16 Special Activity Permit.
(a) Special activity permits may be issued for all zones. An applicant for a special activity permit which is to include any part of Zone 1 shall obtain the written consent of the tenant occupying the building in front of which the applicant desires to locate.
(b) A special activity permit is valid for one to six days per year upon payment of the fee prescribed by section 4-20-11, "Mall License and Permit Fees," B.R.C. 1981. No more than six days total may be permitted to the same person during a calendar year.
(c) A special activity permit issued to a government is valid for one to ten days per year without a fee.
(d) The city manager may, by contract, provide for one or more series of artistic performances for the entertainment of the mall public, which series shall involve regularly scheduled performances over four weeks, with a minimum number of performances of once per week, with each performance lasting a minimum of one hour and a maximum of four hours. Such a contract shall serve as a special activity permit, allowing the use of a stage or other equipment, and amplified sound, as specified in the contract.
Ordinance No. 7283 (2003)
4-11-17 Special Entertainment Permit.
(a) Special entertainment permits may be issued only for Zones 1, 2, and 4. An applicant for a special entertainment permit which is to include any part of Zone 1 shall obtain the written consent of the tenant occupying the building in front of which the applicant desires to locate.
(b) The holder of a special entertainment permit shall indemnify and hold harmless the city, its officers, employees, and agents against any and all claims arising from any occurrence occasioned by the permitted use, and shall maintain during the period of the permit comprehensive general public liability and property damage insurance, as prescribed by section 4-1-8, "Insurance Required," B.R.C. 1981, naming the city, its officers, employees, and agents as insureds; providing that the insurance is primary insurance and that no other insurance maintained by the city will be called upon to contribute to a loss covered by the policy; and providing for thirty days' notice of cancellation or material change to the city. The city manager may waive all or any part of this insurance requirement if the special entertainment permit requirement is based solely on the height of the equipment used, if the applicant demonstrates to the manager's satisfaction a history of safety with respect to the use of such equipment, and if the manager concludes that the nature of the equipment and its use is such that harm to other mall users or to property other than that of the applicant is unlikely to occur.
(c) A special entertainment permit is valid for the period and the hours specified in the permit, which shall be for reasonable hours and a reasonable period no greater than three months per permit; no fee will be charged for its issuance. Such a permit is not an exclusive license for use of the area of the mall designated therein. The manager may attach such other reasonable conditions on the use of a special entertainment permit as may reduce friction among competing uses of the mall or serve the purposes of this subsection.
(d) If a special entertainment permit has been granted which involves the use of equipment more than six feet above the mall when at rest, the city manager may authorize the permittee to attach or secure objects to mall property, and to climb on mall property if needed to do so,27 if the manager is persuaded that the safety and convenience of mall users, including, without limitation, other entertainers, public safety, and the service life of mall property is not adversely affected thereby.
4-11-18 General Permit and Lease Requirements.
(a) The city manager shall not approve a permit or lease application pursuant to this chapter unless it complies with the following general design requirements:
(1) The proposed design conforms with every applicable city code; and
(2) The proposed design conforms with the applicable design criteria in the City of Boulder Downtown Boulder Private Development Guidelines for Architecture and Signs, June, 1976.
(b) A lessee or permittee is responsible for maintaining the area within and in proximity to the location of the leased premises or permitted location in a neat, clean, and hazard-free condition, including, without limitation, disposing of all trash off-site.
(c) The city manager may deny a permit, except for a newspaper vending machine permit, if the proposed use would constitute a physical hazard to the public health, safety, or welfare, or would violate any law.
4-11-19 Application Procedures.
(a) The DMC shall review each application for a permit or lease in accordance with the purposes and requirements of this chapter and recommend to the city manager approval, approval with conditions, or denial of the application. This subsection does not apply to newspaper vending machine permit applications or applications for daily permits other than special activity permits, or applications for advocacy area permits, or to any class of permit which the DMC has, by resolution, determined not to review.
(b) The city manager, after receiving a recommendation from the DMC as provided in subsection (a) of this section, shall determine whether each application for a permit or lease meets the purposes and requirements of this chapter and approve or disapprove the application.
(c) The city manager may require reasonable proof of authority from any person purporting to sign an application for the use of any person or entity other than the signator.
(d) The city manager may adopt rules and regulations establishing the process for accepting, reviewing, and approving all permit and lease applications submitted pursuant to this chapter, including the contents of such applications and the specific criteria that will be considered in the review process. Each applicant shall comply with such requirements.
(e) Each applicant for a permit or lease shall obtain all required building, health, sales tax, or other permits or licenses from all applicable government departments.
(f) The permittee shall prominently display the permit.
(g) Whenever any permittee desires to change the use or the location of the activity authorized by the permit, the permittee shall follow the review and approval process required of a new applicant.
(h) Applications for mobile vending cart permits shall be submitted to the city manager no later than the fifteenth of December in the year preceding the permit year. Applications for permits issued on a monthly basis shall be submitted to the city manager between the first and the twenty-fifth day of the preceding month. Applications for daily permits shall be submitted no more than seven days in advance of the day for which they are to be exercised. No person shall be issued more than three permits of the same type in any seven day period. The provisions of this subsection do not apply to advocacy area permits.
(i) Permit applications shall be made on the form provided by the city manager for the permit sought, and shall contain all the information required by the form, including any required attachments or exhibits. The manager may reject incomplete applications.
Ordinance No. 5599 (1993)
4-11-20 Transfers of Permits and Leases.
A permit or lease issued under the provisions of this chapter is not automatically transferable or assignable. The DMC shall review a request to transfer or assign a permit or lease as a new application, and recommend approval, approval with conditions, or denial of the request to the city manager.
A permittee or lessee using water, electrical, or sewer service shall pay the costs of such services.
4-11-22 Termination of Permits.
(a) Any permit issued hereunder may be revoked by the city manager under the procedures prescribed by section 4-1-10, "Revocation of Licenses," B.R.C. 1981, for a violation of this chapter, or a breach of a condition in the permit.
(b) Upon revocation or expiration of any permit, the permittee shall remove all structures or improvements from the permit area and restore the area to its condition existing prior to issuance of the permit.
(c) If a permit is revoked, the permittee may not apply for the same type of permit for one year after the effective date of the revocation.
The DMC may recommend amendments to this chapter to the city council.
Ordinance No. 7283 (2003)
24 Adopted by Ordinance No. 5453. Derived from Ordinance Nos. 4609,4660, 4949, 5039, 5085, 5204.
25 Ordinance No. 4022 generally describes the mall as Pearl Street from the east curb line of 11th Street to the west curb line of 15th Street, less the area between the curb lines of Broadway, 13th, and 14th Streets. The provisions of this chapter do not cover the courthouse lawn except for that portion which is now within the right-of-way. Please note that the definition of the mall in title 5, "General Offenses," B.R.C. 1981, is different. Title 5 prohibits various acts, including rollerskating and skateboarding, throwing things, and possession of alcohol during Halloween, on the mall, and these prohibitions extend to the county courthouse lawn and adjacent sidewalks up to the south face of the courthouse.
26 Ordinance No. 5676, effective January 1, 1995.
27 See section 5-4-5, "Trespass on Public Buildings," B.R.C. 1981, for prohibition against these acts without the manager's prior authorization.