§ 95.27  COMMERCIAL USES.
   (A)   No person shall engage in a commercial activity at the airport without first obtaining a license from the City Clerk pursuant to the requirements of this section; provided, however, a person may continue a commercial activity previously authorized by a written contract with the city until such contract expires or is terminated pursuant to its terms. Thereafter, the person shall be required to obtain a license pursuant to the requirements of this section. The City Council shall establish applicable fees through the airport’s schedule of rates and charges and such fees shall be imposed on an annual basis, on or about April 1 of each year.
   (B)   The City Council shall have the right to adopt and amend minimum standards for any commercial activity. A commercial activity shall comply with all applicable minimum standards during the time that the license is in effect. Minimum standards may be adopted or amended by resolution or motion of the City Council.
   (C)   When this chapter requires that a written plan be submitted to the city as part of an application for a license for a commercial activity and a license is issued pursuant to that application, the commercial activity shall comply with the written plan during the time that the license is in effect.
   (D)   A person seeking a license under this section shall submit a complete application to the Airport Manager on a form provided by the Airport Manager and pay the required fee. The application shall include all of the following:
      (1)   Name and address of the individual or entity that will be conducting the commercial activity;
      (2)   The proposed location on the airport where the commercial activity will be conducted;
      (3)   The proposed route for motor vehicle traffic within the airport for accessing the commercial activity, including information that the proposed route will not interfere with the airport’s gate security and safety;
      (4)   Information that establishes that the nature and location of the proposed commercial activity will not interfere with airport operations;
      (5)   Information that establishes compliance with the minimum standards applicable to the proposed commercial activity and all other requirements of this chapter applicable to the proposed commercial activity; and
      (6)   If the proposed commercial activity involves the operation of a scheduled or unscheduled commercial airline and ticket-purchasing passengers, a written plan documenting how the applicant will comply with the following reporting requirements:
         (a)   Filing on a timely, annual basis Form 1800-31 with the Federal Aviation Administration (FAA);
         (b)   Filing on a timely basis any other form or document with the FAA regarding the enplanement of passengers, take-offs and landings, or any other aspect of the applicant’s proposed commercial activity which is conducted in whole or in part at the airport and which is required by the FAA to be filed;
         (c)   Filing on a timely basis any other form or document with the FAA regarding the enplanement of passengers, take-offs and landings, or any other aspect of the applicant’s proposed commercial activity which is conducted in whole or in part at the airport and which is not required by the FAA to be filed, but which the city requests in writing to be filed with the FAA; and
         (d)   Filing on a timely basis any forms, reports or documents with the Transportation Security Administration, the Department of Homeland Security, the FAA and any other local, state or federal agency having jurisdiction over the applicant or over the applicant’s proposed commercial activity.
   (E)   After receiving an administratively complete application, the Airport Manager shall review the application and determine whether the applicable fee has been paid and whether all of the following applicable licensing requirements are met for the proposed commercial activity:
      (1)   The commercial activity complies with all of the minimum standards applicable to that commercial activity and complies with all other requirements of this chapter applicable to the proposed commercial activity;
      (2)   The nature and location of the commercial activity will not interfere with airport operations;
      (3)   The route for motor vehicle traffic within the airport for accessing the commercial activity will not interfere with the airport’s gate security and safety;
      (4)   If the application is a license renewal, that there are no current violations of this chapter related to the proposed license; and
      (5)   If this chapter requires the submission of a written plan for any aspect of the commercial activity, the applicant has reasonably established in the written plan that there will be compliance with the applicable requirements of this chapter.
   (F)   If the Airport Manager determines that the applicable fee has been paid and that all of the applicable licensing requirements contained in this chapter have been met for the proposed commercial activity, then the Airport Manager shall forward the application to the City Clerk, who shall issue the license for the commercial activity sought within a reasonable time after receiving the application from the Airport Manager. The City Clerk shall either mail the issued license to the applicant, the applicant may pick up the issued license from the City Clerk’s office, or the City Clerk shall forward the issued license to the Airport Manager, who shall then personally deliver the issued license to the applicant. Following the issuance of any license under this section, the City Clerk shall maintain a copy of the issued license as part of the city’s records.
   (G)   Any license issued prior to March 31 in a calendar year shall remain in effect until March 31 of that same calendar year. Thereafter, any license issued shall remain in effect until March 31 of the year following the date of issuance. A license may be renewed by submitting a renewal application on a form supplied by the Airport Manager and, if renewal is approved, the payment of the applicable renewal fee established through the airport’s schedule of rates and charges. A renewal license shall meet all standards and requirements that are applicable to the initial issuance of a similar license.
   (H)   A person to whom a license has been issued pursuant to this chapter shall display that license to the Airport Manager upon request of the Airport Manager. However, the issued license shall not be required to be displayed at the site of the commercial activity.
   (I)   A licensee shall at all times conduct the commercial activity authorized by the license in full compliance with all of the requirements of this chapter and shall not violate any provision of this chapter. Failure of the licensee to comply with this division (I) shall subject the licensee to suspension or revocation of the license.
   (J)   A copy of any form, report or document filed by the licensee with the Federal Aviation Administration, the Transportation Security Administration, the Department of Homeland Security and any other local, state or federal agency having jurisdiction over the licensee or over the licensee’s commercial activity shall be provided to the Airport Manager within seven days after it has been filed with the applicable agency. The failure of the licensee to comply with this division (J) shall be a violation of license requirements for which the license may be suspended or revoked.
(Prior Code, § 2.195)  (Ord. 755, passed 2-20-2012)  Penalty, see § 95.99