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The Director of Aviation reserves the right (and the applicant by submitting an application hereunder confirmations and acknowledges that right) to conduct investigations into the completeness and accuracy of the material provided and may deny any application, if in his or her opinion, he or she finds any one or more of the following:
- A. The applicant for any reason does not meet fully the qualifications, standards, and requirements established herein. The burden of proof of compliance shall be on the prospective Operator and the standard of proof shall be by clear and convincing evidence;
- B. The applicant’s proposed operation or construction will create a safety hazard on the Airport;
- C. The granting of the application will require the Airport to spend funds or to supply labor or materials in connection with the proposed operation and such funds are not available or budgeted, or the operation will result in a financial loss to the Airport;
- D. No appropriate, adequate or available space or Building exists at the Airport which would accommodate the entire activity of the applicant at the time of application, nor is contemplated within a reasonable time thereafter; or the County does not have available or have budgeted appropriate funds to construct any infrastructure necessary to support the desired activity;
- E. The proposed operation or Airport development or construction does not comply with the master plan of the Airport or Airport Layout Plan then in effect;
- F. The development or use of the area requested by the applicant will result in a congestion of Aircraft or Buildings or will result in unduly interfering with the operations of any present Operator on the Airport, relating to problems with Aircraft service and/or prevent free access to the leased area of the Operator(s);
- G. Any party applying or interested in the Business has either intentionally or uninten-tionally misrepresented or omitted any material fact in the application or in supporting documents;
- H. Any party has failed to make full disclosure on the application or on supporting documents;
- I. Any party applying or interested in the Business has a record of violating the rules and regulations of any other airport or civil air regulations, FAA regulations, or any other rules and regulations applicable to the Airport;
- J. Any party applying or interested in the Business has defaulted in the performance of any lease or any other agreement with the County or the Airport;
- K. On the basis of current financial information, the applicant does not, in the discretion of the Director of Aviation, exhibit adequate financial responsibility to undertake the project;
- L. The party applying or interested in the Business cannot provide a performance bond or applicable insurance in the amounts and types required by the Airport for that Commercial Aeronautical Activity; or
- M. Any party applying or interested in the Business has been convicted of any felony or of a misdemeanor involving moral turpitude.
- N. The party applying or interested in the Business has requested terms of a lease, license or permit that are below the minimum requirements contained in this Division II for the Commercial Aeronautical Service or requested to pay fees, rates and charges that are below the fees, rates and charges for the proposed service or activity set forth in Division I of this Title.
A party who has been denied a commercial permit hereunder has a right to appeal the Director of Aviation’s decision under Sections 5-101 of the procurement code, as amended.
Nothing contained herein shall prohibit the Director of Aviation from granting or denying, for any reason he or she deems sufficient, an application to do Business on the Airport for the purpose of selling, furnishing, or establishing nonaviation products supplied for any service or Business of a nonaeronautical nature, or an application for the non-profit use of an Airport facility.
(§ 10.36.050 repealed reenacted Ord. 028-05)
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