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(a) Definitions. As used in this section:
"Airport" means Chicago O'Hare International Airport or Midway International Airport.
"City" means the City of Chicago.
"Concession contract" means any contract, lease or license to operate at any airport terminal facility any enterprise that provides food or beverage services to the general public, or that is a news and gift store or duty- free store, pursuant to which contract the City is entitled to receive, in the form of rents, royalties or other income, a percentage of the revenues generated by such enterprise or by any subcontract, sublease, management agreement or other transfer or assignment of any right, title or interest received from the City pursuant to any of the foregoing contracts, leases or licenses. The term "concession contract" does not include any contractually authorized extension, renewal, or holding over with the consent of the City, of any concession contract entered into prior to the effective date of this section.
"Concessionaire" means any entity that is a party to a concession contract at any airport terminal facility entered into after the effective date of this section.
"Employee" means a person employed by the concessionaire on a full time or part time basis.
"Entity" means a sole proprietorship, partnership, corporation, joint venture, franchise or other business organization of any kind.
"Labor peace agreement" means a written agreement between a concessionaire and a labor organization(s) seeking to represent the concessionaire's employees, to which 29 U.S.C. Section 185(a) applies, as that section has been interpreted by the United States Supreme Court, which contains a provision prohibiting the labor organization and its members from engaging in any picketing, work stoppage, boycott or other economic interference with the operations of the concessionaire or with any subcontractor or sublicensee of the concessionaire, for the duration of the concessionaire's concession contract(s) with the City.
"Small business" means an entity that, in aggregate at all of its global operations, employs fewer than 500 employees and also employs fewer than 50 employees between both airports under all concession contracts of the entity and its subsidiaries and affiliates.
(b) Concessionaire contractual requirements. Except as otherwise provided in subsection (d) of this section, as a condition to entering into any concession contract with the City, the concessionaire shall either (1) be a party to a collective bargaining agreement(s) with the employees who staff the concessionaire's operations, which labor agreement shall prohibit the union and its members, and all employees covered by the agreement, from engaging in strikes, picketing, work stoppages, boycotts or other economic interference with the business of such concessionaire for the duration of the concession contract(s); or (2) enter into and comply with a Labor Peace Agreement.
(c) Additional requirements. As a condition of its concession contract with the City, a concessionaire shall include in all of its subcontracts, sublicenses or similar agreements a provision(s) requiring compliance with subsection (b) of this section, which provision(s) shall include the exception set forth in subsection (d) of this section.
(d) Exception. This section shall not apply to any small business.
(e) Enforcement – regulations. The commissioner of aviation is authorized to administer and enforce this section, and to promulgate rules and regulations necessary to implement the requirements of this section.
(Added Coun. J. 1-21-15, p. 101754, § 2)
Editor's note – Coun. J. 3-31-04, p. 20916, § 1.1, repealed former § 10-36-210, which pertained to payment of aircraft fees.
(a) The provisions of Section 10-36-190 above shall not be applicable (i) to aircraft owned or operated by the city, (ii) to other public aircraft except as otherwise provided therein or except to such extent as may be permitted under written agreements between the city and the governmental unit owning or operating such public aircraft or (iii) to an aircraft which lands at an airport other than its intended destination because of meteorological conditions, mechanical or operating causes or any similar emergency or precautionary reason outside of the reasonable control of the pilot.
(b) The commissioner of aviation may, at the commissioner's discretion, waive or reduce the aircraft landing fees and aircraft parking fees established by Section 10-36-190 for special events sponsored by the city and (iii) for a maximum of 50 operations per month per airport per organization for each of the following: (A) organizations whose purpose is to provide aviation- related educational programs to youth at no or nominal charge to the youth and (B) organizations whose purpose is to provide medical-related or similar humanitarian services at no or nominal charge to the recipients of such services.
(Prior code § 37-12.2; Amend Coun. J. 2-7-97, p. 38496; Amend Coun. J. 11-18-98, p. 84230, § 3; Amend Coun. J. 3-31-04, p. 20916, § 2.10)
No person, firm, or corporation owning, operating, or in control of any aircraft shall park or store such aircraft in any area of an airport other than in a public aircraft parking area, or an area held under written agreement with the City of Chicago for such purposes.
No person, firm, or corporation owning, operating, or in control of any aircraft shall load or unload, or attempt to load or unload, passenger(s), cargo, baggage, or mail in any combination thereof carried for hire on any airport other than in the public passenger ramp area, the public cargo ramp area, or an area held under written agreement authorizing same with the City of Chicago; provided, that use of such areas is subject to prescribed charges; and provided further, that no such person, firm or corporation as aforesaid, other than a tenant or permittee of terminal building space at the same airport who holds such space for the purpose of conducting such business, shall use or attempt to use said public passenger ramp area or public cargo ramp area without written permission from the commissioner of aviation or his designated representative.
(Prior code § 37-12.3)
For purposes of this section, the following words and phrases shall have the following meanings:
(a) "Airplane" means any civil, subsonic, turbo- jet powered airplane having a maximum certification takeoff weight exceeding 75,000 pounds.
(b) "Airport" means any airport owned by the City of Chicago.
(c) "Stage 1 airplane" means an airplane that does not meet the Stage 2 or Stage 3 noise levels prescribed in Section C36.5(a)(2) or Section C36.5(a)(3) of Appendix C of Part 36 of the Federal Aviation Administration Regulations, 14 C.F.R. Subchapter 36, as amended.
(d) "Stage 2 airplane" means any airplane that complies with the noise levels prescribed in Section C36.5 (a)(2) of Appendix C of Part 36 of the Federal Aviation Administration Regulations, 14 C.F.R. Subchapter 36, as amended.
(e) "Stage 3 airplane" means any airplane that complies with the noise levels prescribed in Section C36.5(a)(3) of Appendix C of Part 36 of the Federal Aviation Administration Regulation, 14 C.F.R. Subchapter 36, as amended.
(f) "Noise-compliant airplane" means (I) until January 1, 1986, any two-engine Stage 1 airplane that complies with the provisions of Section 303(b) of the Federal Aviation Safety and Noise Abatement Act of 1979, or (ii) until January 1, 1988, any two-engine Stage 1 airplane with 100 seats or less exempted pursuant to Section 304 of the Federal Aviation Safety and Noise Abatement Act of 1979 in order to promote service to medium-size and small communities.
No airplane may take off or land at any airport unless it is a Stage 3 or noise-compliant airplane.
(Added Coun. J. 3-31-04, p. 20916, § 2.11)
Editor's note – Coun. J. 3-31-04, p. 20916, § 1.1, repealed § 10-36-240, which pertained to airplane noise levels – Definitions. Coun. J. 3-31-04, p. 20916, § 2.11, added provisions designated as a new § 10-36-240 to read as herein set out.
Every person having occasion to use the airport facilities at any airport for any flight or aircraft operation shall observe and obey all laws pertaining to aeronautics and all rules and regulations of the federal and state authorities having jurisdiction of the subject matter of aeronautics and all rules and regulations governing the conduct and operation of said airport adopted by the commissioner of aviation and the orders of the superintendent of said airport directing the time and place of landing and departure of any aircraft.
To prevent or minimize congestion in air transport operations at any airport for public safety and convenience the commissioner of aviation may by order exclude any chartered air transport operator from either airport or limit the chartered air transport operations at any airport and designate the airport at which any aircraft used for chartered air transport operations shall land. If said order is general in its application it shall be published at least 30 days before it becomes effective in the official newspaper of the City of Chicago and in such other newspapers as the commissioner of aviation may choose. If said order is specially applicable to chartered or transport operators named written notice thereof addressed to said chartered air transport operator at his last known address shall be deposited in the United States mails at Chicago at least 30 days before said order becomes effective.
(Prior code § 37-13)
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