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Aspen is cracking down on an issue that officials say creates a “circus-like environment” in the city.

Not wild skiers or late-night society parties.

The city is targeting sidewalk sales.

The Aspen Police Department issued warnings to two retailers this week for having “for sale” racks in front of their stores, which violates a long-standing city ordinance, said Chris Bendon, community development director for Aspen.

The retailers, Boogie’s Diner and Aspen Fur and Shearling, could face a fine of up to $1,000 a day or have their racks confiscated if they commit the offense again, Bendon said.

Barti Bourgault, general manager of Boogie’s, said the ordinance is unfair.

The company has operated in Aspen for 17 years, and “we’ve been putting racks outside the entire time,” she said.

Boogie’s sells men’s, women’s and children’s casual apparel and operates a diner on the second floor.

Bendon said the city’s ordinance allows retailers to place a “small representative sample” of their merchandise outside, such as a clothed mannequin. Racks with merchandise for sale, which look “tacky” and create a “circus-like environment,” are prohibited, he said.

An increase in complaints about the racks spurred the recent crackdown, Bendon said.

“All of the complaints were focused on the for-sale racks,” Bendon said.

Bendon acknowledged that the city needs to update its ordinance to make it clearer what is acceptable. He said he hopes to do so this winter.

Mickey Alper, owner of Aspen Fur, said his business is being unfairly targeted. He said the city’s ordinance is too vague.

“It’s very subjective as to how they’re deciding what is appropriate and what isn’t appropriate,” Alper said.

Staff writer Andy Vuong can be reached at 303-820-1209 or avuong@denverpost.com.

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