HomeMy WebLinkAbout2020CV2192 - DONNA WALTER & MARK MILLIMAN V. GOVERNOR JARED POLIS, JEFFREY J. ZAYACH, TOM GONZALEZ, AND DARIN ATTEBERRY - 024C - EXHIBIT C TO MOTION TO DISMISSEXHIBIT CCase 1:20-cv-02192-RBJ Document 24-3 Filed 10/29/20 USDC Colorado Page 1 of 13
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City Manager’s Office
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107
fcgov.com
EMERGENCY RULES AND REGULATIONS No. 2020-17
Regarding Temporary Outdoor Expansion Permits
To all persons take notice:
That for the protection of life, health, safety and property as affected by reason of the Novel
Coronavirus 2019 (COVID-19), which resulted in my declaration of a “local emergency” under the
authority of Chapter 2, Article IX of the Code of the City of Fort Collins, (the “City”) and which
declaration of local emergency was filed with the City Clerk and with the Colorado Division of
Emergency Management on March 13, 2020 and extended by City Council adoption of Resolution
2020-030 on March 20, 2020, I have hereby established, under the authority of City Code Section 2-
671(a)(6)a, the following rules and regulations:
1. The purpose of this Emergency Regulation is to authorize the City Engineer to approve
temporary outdoor expansion permits (“Outdoor Expansion Permit” or “Permit”) to fixed
restaurants, liquor licensed establishments, and retail establishments within the Fort Collins
City limits that otherwise meet all applicable Colorado (“State”), Larimer County (“County”),
and City requirements for operation and are authorized to be open for public service (with or
without a Permit) (“Eligible Establishments”), subject to certain requirements. Neither food
trucks nor outdoor vendors qualify as Eligible Establishments since they have no fixed
location.
2. The purpose of the Permit is to allow Eligible Establishments to temporarily expand their
existing premises into a defined area (the “Expansion Area”) on City or private property
adjacent to or in the immediate vicinity of their fixed location, thereby facilitating the ability
of the Establishment to conduct business while maintaining required physical or social
distancing and safety for the public when an Eligible Establishment resumes public service and
operates as permitted by State and County public health regulations. City property available
for an Expansion Area is limited to City rights-of-way, including sidewalks, streets, and
parking spaces or lots.
3. Applicants for the Outdoor Expansion Permits must comply with all current and applicable
State, County, and local regulations to be considered for approval. Such regulations include,
but are not limited to:
a. State Emergency Regulations 47-302 1 C.C.R. 203-2 which allows for on-premises
liquor licenses to temporarily expand their licensed premises into sidewalks, streets,
and parking lots to increase social distancing measures;
EXHIBIT A
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Emergency Rules and Regulations No. 2020-17
May 28, 2020
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b. State and County Public Health Orders, State Executive Orders and other State and
County emergency orders in effect from time to time; and
c. Other local rules and regulations.
4. A City Outdoor Expansion Permit issued under this Emergency Regulation Udoes not Uauthorize
or license the service of alcohol in the Expansion Area. UApplicants wishing to serve alcohol
in an Expansion Area are responsible for obtaining from the local and State liquor
licensing authority approval for any modification to an existing liquor license necessary
to permit liquor service in the Expansion Area.
5. An Outdoor Expansion Permit issued under this Emergency Regulation is expressly subject to
all Terms, Conditions and Procedural Requirements set forth on Exhibit A attached hereto.
6. An Outdoor Expansion Permit issued under this Emergency Regulation shall be effective only
when the Eligible Establishment is otherwise permitted to be open to the public under
applicable State, County, and City regulations.
7. Outdoor Expansion Permit applications shall be submitted and processed as follows:
a. Applications shall be submitted to via the City’s website at
28TUhttps://www.surveygizmo.com/s3/5608953/Fort-Collins-Outdoor-Dining-
Encroachment-ApplicationU28T.
b. The permit application will also require verification by the applicant satisfactory to
the City Engineer that the proposed operation is in compliance with all applicable
State and County regulations for operation of the Eligible Establishment and has
obtained or prior to operation will obtain all State and County approvals or permits
required for operation of the Eligible Establishment. Applicants will be notified of the
issuance or denial of a Permit at and any issued Permit shall be delivered by email to
the email address set forth on the application.
c. Receipt of an email from the City Engineer initially approving the map and set-up
reflected in the application will permit the applicant to set up the Expansion Area as
shown on the application. Before operating in the Expansion Area, the applicant must
email one or more photos of the completed set-up to the City Engineer to verify it
complies with proposed set-up in application and plans. The City Engineer or their
designee may inspect the Expansion Area in person at any time, in their discretion, to
verify compliance. Upon the City Engineer’s approval and issuance of Permit, the
applicant may then occupy the Expansion Space.
8. Outdoor Expansion Permit applications will be reviewed by relevant City Departments and
ultimately approved or denied by the City Engineer in consultation with Poudre Fire Authority.
In order to approve an application, the City Engineer must determine that granting an
application would not be detrimental to the public good and that:
a. The Eligible Establishment meets all applicable City requirements for operating.
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Emergency Rules and Regulations No. 2020-17
May 28, 2020
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b. Any requested closure of a public right-of-way or publicly accessible portions of
private property such as sidewalks, parking spaces and drive aisles to accommodate
the expansion of an establishment can be done in a manner that:
i. Ensures the closure is safe;
ii. Sufficiently mitigates impacts to the public’s ability to safely and
conveniently bypass the proposed closure; and
iii. Complies with all applicable laws including, but not limited to, the
American with Disabilities Act (ADA).
c. Any requested expansion into the public right-of-way or onto private property:
i. Maintains adequate emergency access to the Eligible Establishment and
other properties in the vicinity; and
ii. Is compatible with the activities, whether commercial, industrial, or
residential, being conducted on properties in the vicinity of the establishment.
9. The City Engineer’s decision to issue or deny a requested Permit is final and not subject to any
administrative or other appeal to the City. If a Permit is denied the applicant may reapply based
on the comments provided by the City Engineer. There will likely be some instances where the
City will not be able to approve a proposed Expansion Area based on safety and/or
compatibility issues.
10. Outdoor Expansion Permits will be issued to an Eligible Establishment on an individual basis
and are non-transferable and site specific. The City Engineer has the discretion to impose site
specific conditions on any Outdoor Expansion Permit in order to assure compliance with the
requirements set forth above and to protect public safety.
11. Outdoor Expansion Permits are revocable and subject to the following provisions regarding
termination:
a. Permits will terminate on the earlier of the termination of the declared local emergency
or September 27, 2020. All furniture, fixtures and equipment (“FF&E”) shall be
removed and damage repaired by the Eligible Establishment on or before October 4,
2020, unless terminated sooner.
b. Permits are revocable at any time by the City Engineer prior to the date above in the
discretion of the City Engineer with or without cause after ten (10) days’ notice, except
that the City Engineer may summarily suspend or terminate any Permit without ten
(10) days’ advance notice in the interest of public health or safety.
i. Any notice of revocation of the Permit will be sent by email to the
Establishment’s e mail address on the Permit application.
ii. The Eligible Establishment shall terminate operation in the Expansion Area
immediately after receipt of notice revoking the Permit and remove all FF&E
from and repair all damage to the Expansion Area within 48 hours of receipt of
such notice.
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Emergency Rules and Regulations No. 2020-17
May 28, 2020
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12. Approved Outdoor Expansion Permits are intended to be a stand-alone permit for the
Expansion Area and will temporarily supersede conflicting provisions of the Municipal Code
and Land Use Code requiring other permits or approvals for the use of the Expansion Area on
public or private property expressly authorized by a Permit, including but not limited to:
a. City Code Chapter 5 - Buildings and Building Regulation.
b. City Code Chapter 15 - Licenses and Business Regulations: Article XIII: Section 15
Right of Way Contractors and Article XIV: Section 15 Outdoor Vendors.
c. City Code Chapter 23 - Public Property: Article III: Section 23 Obstructions and
Encroachments, Divisions 1 (General), 2 (Obstructions) and 3(Encroachments).
d. City Code Chapter 23 -Public Property: Article IV: Section 23 Disposition of Property,
Division 2 – Real Property.
e. City Code Chapter 24 Streets and Sidewalks: Article II: Section 24 – Sidewalk,
Division 2 – Sidewalks, Curbs, Gutters; Article II: Section 24 Streets, Article IV:
Section 24 Portable Signs.
f. City of Fort Collins Land Use Code Articles 3 and 4.
13. I find that this emergency rule and regulation is reasonable and necessary to promote public
safety and support economic recovery caused by the COVID-19 Pandemic. This emergency
rule and regulation promotes the health, safety and welfare of the public because it will provide
an expedited way for the City’s economy to recover, bolster the economic health of residents,
and ensure public health and safety concerns are prioritized.
Pursuant to Section 2-671(e) of the City Code, the rules and regulations set forth herein shall be
disseminated to local radio and television stations and to a newspaper having a general circulation
within the City. A knowing violation of these rules and regulations shall be a misdemeanor punishable
under Section 1-15 of the City Code.
DATED this ____ day of May, A.D. 2020.
__________________________________
Darin A. Atteberry, City Manager
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Emergency Regulation 2020-17
Exhibit A
UProcedural Requirements
Outdoor Expansion Permit Applications UmustU include:
1. A map with of the proposed Expansion Area showing specific areas, defined boundaries,
dimensions and distances from the Eligible Establishment’s existing premises, and the location
of all furniture, fixtures, and equipment to be located within the Expansion Area. All seating
shall be at least six (6) feet apart and accommodate not more than eight (8) people at a single
table.
2. Where applicable, written approval signed by the owner of private property included in any
proposed Expansion Area.
3. A certificate of insurance naming the City as an additional insured with respect to the Eligible
Establishment’s use of City property, including comprehensive general and where applicable
liquor liability insurance in an amount not less than $1M per occurrence.
4. A verification satisfactory to the City Engineer by the applicant that it is in compliance with all
applicable State and County for operation of the Eligible Establishment and has obtained or
prior to operation will obtain all State and County approvals or permits required for operation
of the Establishment.
UTerms & Conditions of Operation
1. Receipt of an email from the City Engineer initially approving the map and set-up reflected in the
application will permit the applicant to set up the Expansion Area as shown on the application.
Before operating in the Expansion Area, the applicant must email one or more photos of the
completed set-up to the City Engineer to verify it complies with proposed set-up in application
and plans.The City Engineer or their designee may inspect the Expansion Area in person at any
time, in their discretion, to verify compliance. Upon the City Engineer’s approval and issuance of
Permit, the applicant may then occupy the Expansion Space.
2. The City shall be responsible for placing barriers on City rights-of-way between the Expansion
Area and streets open for City traffic.
3. The Eligible Establishment shall be responsible for providing all temporary, free-standing and
movable furniture fixtures and equipment (FF&E) and temporary fencing or other boundary
makings and/or controls necessary for use of the Expansion Area. No permanent or affixed FF&E
is allowed. All FF&E and other personal property placed in the Expansion Area shall remain the
sole property of the Eligible Establishment and the Eligible Establishment shall place such property
on City Expansion Area at its own risk. The City shall have no liability for loss or damage to such
property and the Eligible Establishment waives all claims against the City for such loss or damage.
4. The Eligible Establishment must staff, monitor, and maintain the Expansion Area, including
keeping the Expansion Area free of trash and food scraps, clean, sanitized and adequately
maintained in compliance with all applicable State, County and City regulations.
5. Electrical, building or fire permits may be required as reflected on the issued Permit.
6. The Eligible Establishment shall not permit the Expansion Area to be used for: a) standing areas
that encourage people to congregate; b) outdoor entertainment; or c) pets except service animals
per ADA.
7. The Eligible Establishment must close the Expansion Area no later 11 p.m., with table service
ending at 10 p.m. The Eligible Establishment may set other hours for permanent portions of the
business (indoor and existing permanent patios) as permitted by State, County and City regulations.
8. The Establishment shall comply with all other provisions of Emergency Regulation No. 2020-17.
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City Manager’s Office
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107
fcgov.com
EMERGENCY RULES AND REGULATIONS No. 2020-18
To all persons take notice:
That for the protection of life, health, safety and property as affected by reason of the Novel
Coronavirus 2019 (COVID-19), which resulted in my declaration of a “local emergency” under
the authority of Chapter 2, Article IX of the Code of the City of Fort Collins, (the “City”) and
which declaration of local emergency was filed with the City Clerk and with the Colorado
Division of Emergency Management on March 13, 2020, and extended by City Council adoption
of Resolution 2020-030 on March 20, 2020, I have hereby established, under the authority of
Sec. 2-671(a)(6)a, the following rules and regulations:
1. Purpose, Effective Area. This Emergency Regulation is being issued to limit the health
impacts of COVID-19. This Regulation sets forth requirements for the public to utilize face
coverings inside of public places, to slow the spread of the COVID-19 virus. This Order is
effective within the entirety of the territory of the City of Fort Collins, Colorado.
2. Effective Date and Time, Limitations. The Emergency Regulation replaces Emergency Rule
and Regulation No. 2020-15A, approved by the City Council on May 5, 2020, and effective until
May 30, 2020, and will become effective upon signing and remain in effect until further notice.
3. Definitions.
a.Face Covering shall mean a uniform piece of material that securely covers a person’s
nose and mouth and remains affixed in place without the use of one’s hands. Face
Coverings include, but are not limited to, bandanas, medical masks, cloth masks and
gaiters.
4. Face Coverings required. All persons shall wear Face Coverings when entering and while
inside:
a. Any enclosed area, including retail and commercial businesses or on-site service
providers, to which the public is invited or in which workers, including volunteers, from
more than one household are present;
b. Any City of Fort Collins building or indoor City facility;
c. Any public transportation, including City Transfort buses and bus shelters;
d. Any other public indoor place where persons are unable to maintain safe social
distancing (six or more feet separation) from others not of their own household;
EXHIBIT B
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Rules and Regulations
May 18, 2020
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e. Any outdoor seating or patio area of a place that falls within Section 4(a), unless the
person is seated for dining or drinking as set forth in Section 6(g); or
f. Where otherwise required by State or County order.
These requirements shall be in effect within the City regardless of any less restrictive County or
State orders or guidance concerning face coverings, including the May 19, 2020, Amended
Seventh Public Health Order from Larimer County.
5. Face Coverings for workers.All employers shall require, and make reasonable efforts to
provide, Face Coverings to employees, volunteers and other workers in their places of
employment that fall within the scope of Section 4 of this Regulation.
6. Exceptions. Nothing herein shall require the wearing of face coverings by the following
persons or on the following properties:
a) Persons under the age of ten years or children within a childcare facility, however,
childcare facilities must still follow any applicable State or County guidance on face
coverings;
b) Persons for whom a face covering would cause impairment due to an existing health
condition and who present a doctor’s note to that effect;
c) Persons working in a professional office or other workspace who do not have any face-
to-face interactions with or share workspace with other persons;
d) If the person is undergoing a medical or dental procedure, or any other personal
service,that requires access to the person’s mouth or nose;and
e) Property owned or operated by the federal, state or county governments.
f) Persons who are customers of banks, financial institutions, and pawn shops, however,
employees of these places must still wear face coverings;
g) Persons who are eating or drinking at a restaurant when seated for dining or drinking,
however, facial coverings must be worn when not seated for eating or drinking, such as
waiting for or picking up food or drinks, walking past other tables or going to restroom
facilities; or
h) Individuals participating in indoor gyms, indoor training services or other indoor
recreational activities that are complying with applicable State orders, Larimer County
directives and a businesses’ policy on when to wear a face covering within the business.
7. General Information for all Persons. Pursuant to federal Centers for Disease Control
guidance, the public is strongly encouraged to wear cloth Face Coverings that:
• Fit snugly but comfortably against the side of the face;
• Are secured with ties or ear loops;
• Include multiple layers of fabric;
• Allow for breathing without restriction; and
• Are able to be laundered and machine dried without damage or change to shape.
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Rules and Regulations
May 18, 2020
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Information on making such masks can be found at: https://www.cdc.gov/coronavirus/2019-
ncov/prevent-getting-sick/diy-cloth-face-coverings.html
THE PUBLIC IS DISCOURAGED FROM ATTEMPTING TO ACQUIRE HEALTH
CARE AND INDUSTRIAL FACE COVERINGS THAT ARE NECESSARY TO
PROTECT HEALTH CARE WORKERS DURING THE COVID-19 PANDEMIC.
These actions will limit the cascading impacts on critical services by limiting spread of COVID-
19. This Regulation and actions will help hospitals, first responders, and other healthcare
services continue to provide services for those who need them (along with utilities, human
services, and businesses) in the coming weeks and months. Collective action can save lives and
is in support of the most vulnerable in our community.
8. Most Restrictive Standard Controls. To the extent any State and/or Federal orders or laws
are more restrictive than what is set forth herein, such orders control.
9. Signage Required. Any property that is subject to Section (4) of this emergency rule must
display signage in a prominent area of the property that informs members of the public in both
the English and Spanish languages about the requirement to wear Face Coverings while entering
and within the property. Sample signage can be found at www.fcgov.com/coronavirus.
10. Enforcement Process. Any person with operational control of a property or area covered by
this Regulation may notify any person entering that property or area of the requirement to wear a
Face Covering and any person who does not comply with such a Face Covering request or with
Face Covering signage required under this Regulation must leave the property or area that
requires a Face Covering or shall be in violation of this Regulation.
11. Penalties.
Any person who violates this Regulation shall be guilty of a criminal misdemeanor pursuant to
Section 1-15 of the City Code. The Fort Collins City Council, in its discretion, may pass an
ordinance reducing the penalties for violations of this emergency rule to a civil infraction
pursuant to Section 1-15(f) of the City Code. Nothing in this emergency regulation or any related
approving ordinance is intended to conflict with penalties for violations under state law, as
legally applicable.
12. Reporting Violations. Members of the public can report suspected violations of this
emergency rule at www.fcgov.com/accessfortcollins or by calling (970)-416-2200. Please do not
call 911 to report violations of this emergency rule.
13. Dissemination.Pursuant to Section 2-671(e) of the City Code, the rules and regulations set
forth herein shall be disseminated to local radio and television stations and to a newspaper
having a general circulation within the City.
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