Retailer issued ticket for violating sign code
April 2, 2014
Denimaxx — the high-end outerwear store on South Mill Street that's known around town for the extremely lifelike mannequins that hover outside — has been issued a citation for violating Aspen's sign code.
Jim Pomeroy, the city's code enforcement officer, confirmed Monday that he gave Denimaxx the citation on Wednesday. There are two culprits, both temporary signs advertising that store items have been discounted 50 percent, he said.
One illegal sign, hanging over a public sidewalk, has been affixed to another hanging sign for which the store has a permit, Pomeroy said. Another illegal sign has been placed against the building's brick facade, he said.
The store faces fines of up to $2,650 per day, and possibly jail time for the owner, but determination of penalties will be up to the Aspen Municipal Court judge if the alleged violation is upheld. The matter has been scheduled for court on April 7.
As of Monday at 7 p.m., the signs in question remained on display in front of the store.
Owner Max Bason declined to comment on the issue Monday, saying he wanted to speak with his attorney first.
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A second Denimaxx store in Aspen is located near Gondola Plaza. A third Colorado store is in Vail.
Pomeroy said the city's sign code addresses temporary sale signs and going-out-of-business signs. The short-term lease for the company's 240 S. Mill St. store, one-half block from the Hyman Avenue pedestrian mall, expires April 15.
"Basically, (sale signs) are supposed to be placed in windows," Pomeroy said. "And there should be no more than one per window with a maximum of three signs. And each sign is not to exceed three square feet."
Pomeroy said the temporary hanging sign poses a public safety risk.
"He's got a hanging sign off of his hanging sign over a public right-of-way," he said. "It's also very low, so it's almost a life-safety issue. It's at about 5-foot-8 so it would be easy for somebody to walk into it. He also has another sign just taped to the wall there."
Pomeroy said he gave Bason a warning to take the signs down early Wednesday and told him he would come back to check it. When the signs weren't removed at the end of the day, he issued the ticket.
"Basically, he hung signs without a permit and he hung signs in the public right of way," Pomeroy said.
Denimaxx only opens in Aspen during the winter season in temporary spaces, according to local real estate sources.