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The city of Aspen will look at updating vague general accessibility requirements for membership-based clubs in the commercial core.
Current land use code requirements are murky for membership-based social, entertainment or hospitality clubs, Community Development Director Ben Anderson told the city council during a Dec. 16 work session. The current code requires those operations to be open to the general public, but doesn’t explicitly state how they must achieve that.
The city sees between six and 10 inquiries annually about new membership-based concepts in the commercial core, Anderson said. City staff has often interpreted “open to the general public” to mean requiring day passes for the general public. The city is aware of both an existing and proposed membership-based club that do not have options for day passes, according to a staff memo. Anderson did not name the clubs.
But with a vague requirement in the land use code, Anderson requested further direction about how to address an influx of membership-based clubs, either through specifying a day pass requirement or amending the land use code to describe specific allowances and limitations of such clubs.
“Currently we’re operating in a gray area and we are trying to be true to the land use code while also being accommodating to different business concepts that are coming to town, while also making sure that we’re not getting out over our skis and going too far in responding to some very basic language in the land use code, which is ‘open to the general public,’ and what that means,” Anderson said.
Council members generally agreed that the city council and city staff should explore refining the land use code to more accurately address limitations it would like to see set on membership-based clubs. Councilman Bill Guth — who was not present at the work session in which the changes were discussed — told the council in a note before the meeting that he was against any regulations against membership-based clubs.
City of Aspen staff will look at changes to its land use code requirements for membership-based clubs after receiving an uptick in inquiries for clubs of that nature for the commercial core. The current code is murky and requires changes to make sure the city is applying the code correctly, Community Development Director Ben Anderson said.
Jason Charme/Aspen Daily News
Mayor Torre and Councilmen John Doyle and Ward Hauenstein supported maintaining a day pass requirement in the interim as the city looks into a land use code amendment for membership-based clubs.
“I do have a concern that with the small town we have, with the small commercial core we have, the privatization of more and more space limits access and the enjoyment by, not just our residents, but our visitors as well,” Torre said. “I would love to see this addressed in some way, I would hate to see us get 10 or 20 years down the road and realize that some 30-50% of our commercial space is being utilized for private uses.”
Councilman Sam Rose agreed to look at what changes to the land use code would look like, but argued that requiring membership-based clubs to offer day passes without requiring maximum costs for those day passes was “virtue signaling.”
“The day pass does not make any sense to me as a requirement solution for that problem,” Rose said. “Congrats, anyone can walk into Gucci. Not everyone can afford to buy Gucci, what are we going to do as a council, make sure that there’s one affordable item?”
The city does not regulate costs for membership club day passes. But Anderson used Here House as an example — a private-membership club connected to Local Coffee that offered day access to the space for $30-40 before it closed early this year.
“The price is less relevant, it’s the fact that it was there and it was transparent,” Anderson said.
Gravity Haus, another membership club concept that opened in Aspen in early December, offers $50 day passes, according to its website. Membership there is $400 a month, the Aspen Daily News previously reported.
The Caribou Club offers “temporary memberships” for $500-1,500 depending on the time of year, that can be used for two people up to one week at a time, according to its website.
But regardless of whether people choose to use the day passes, the problem that rose is clubs that do not offer day passes and offer membership selectively, Anderson said.
“I will say that I don’t think any of us have any illusions about where we work and live. This is an expensive place and I think depending on the price of different amenities that are being offered downtown, there are some spaces that I think we self-select about going into or not,” he said. “What separates this and why staff does have some concern relating to the ‘open to the general public’ language is that, to our understanding, the ability to enter some of these spaces is dependent on a person’s applying ahead of time before going in the space, being vetted, being selected under a certain criteria.
“From staff’s perspective, what (open to the general public) means is that simply anyone can walk in and get access to that space … You can walk into Gucci, you might not be able to walk out with anything, but you can walk into the space,” he added.
It is unclear when the city council will discuss the topic further and what changes to the land use code might look like. But council members directed staff to continue enforcing clubs be open to the public as they begin to refine the land uses for membership clubs.
“Do we have a concern? Yeah,” Torre said. “How do we get there and address it? I don’t think we know.”