Marin County Municipal Code Ch. 12.06 Airport Business Operating Standards

(a) Definitions.

(1) "Business operator" means a person or entity engaging in any activity (including aeronautical activity) conducted at or out of the airport in which any product or service is exchanged for the purpose of securing earnings, income, compensation (including exchange of service) and/or profit, whether or not such objectives are accomplished.

(2) "Business operator" includes a person or entity leasing office space at Gnoss Field or a business operator obtaining a business-operating permit from the airport manager and paying the appropriate permit fees to conduct business at the airport.

(b) Commercial Activity. A business operator may engage in these activities after complying with the established standards for each activity:

(1) Aircraft flight training school;

(2) Aircraft sales;

(3) Airframe and power plant repair and maintenance;

(4) Aircraft rental/sightseeing;

(5) Air taxi/charter service;

(6) Avionics repair/sales/service;

(7) Aircraft management service;

(8) Instrument repair/sales/service;

(9) Air carrier operations (passenger/mail/freight);

(10) Aerial photography/survey;

(11) Aircraft fueling;

(12) Skydiving operations.

Any other activity which, because of its relationship to the operation of aircraft, is regarded by the Federal Aviation Administration or county of Marin to operate in conjunction with an aeronautical activity.

(Ord. 3363 § 1 (part), 2003)

(Ord. No. 3645, § I, 5-3-2016)

(a) Each business operator is expected to operate his or her premise for the use and benefit of the public or if a business operator does not have an office lease at Gnoss Field to obtain the proper business operating permit from the airport manager prior to conducting business at the airport. This includes:

(1) Furnishing quality efficient service adequate to the demand for said services;

(2) Furnishing such service on a fair, equal, and non-discriminatory basis to all airport users.

(b) Business operator, shall at all times, operate under guidelines set forth in Section 14 CFR Part 152.

(c) No right or privilege granted a business operator in any way interferes with or prevents any person, firm or corporation operating at Gnoss Field from performing any services on its own aircraft with its own employees as long as all services are compatible with good housekeeping and safety regulations established by the airport manager.

(d) All standards shall be subordinate to the provisions of any existing or future agreement the county of Marin and the United States, and the county of Marin and the State of California, relative to operations or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal or state funds for development of the airport.

(e) When business operators apply for new lease agreements or new business operating permits, or renewals of existing agreements the following financial standards will apply:

(1) Financial stability of a prospective business operator will be evaluated by the county based on financial references, credit rating and funds available for application to the commercial activity applied for, and by demonstrated financial management performance in prior activities. The county of Marin may require a CPA certified financial statement.

(2) Business operators are expected to meet their financial obligations to the county by the payable date specified in their agreement. When lease agreements are being considered for extension or renewal, the fact of payment or non-payment by the time specified in the agreement will be a factor for evaluation and the operator's record of payments shall be presented to the board of supervisors at the time the request for renewal or extension is presented.

(f) All business operators must obtain business licenses/permits/clearances from appropriate county agencies, including airport management, as necessary to conduct business operations on the county airport. They must conform to all applicable federal, state and local laws, ordinances, rules and regulations including but not limited to industrial, building, safety, health, fire and sanitation standards. All business operators must also comply with the county of Marin airports division storm water pollution prevention plan, and the hazardous material business plan.

(g) Where a business operator is authorized to conduct one or more types of aeronautical activity, multiple uses may be made of the same office space, passenger lounge, public telephones and rest rooms.

(h) Business operators must keep all buildings and grounds in good repair and in a neat, safe and acceptable condition at all times.

(i) No business operator may operate a radio station so as to interfere with the airport's unicom communications equipment.

(j) In the event an existing, approved business operator or other user of the airport fails to comply with the provisions of these operating standards, the county shall send a written statement of violation to such entity/person at its/their last known address. The entity/person shall have ten days within which to provide a statement to the county explaining why the violation occurred and to verify to the county that the violation has been corrected. The county, in its own discretion, has the right to revoke the entities/persons privileges at the airport or may suspend the operations for such period of time, as it deems necessary in order to obtain a correction of the violation or may terminate the entities/persons lease and/or aircraft storage permit. In addition, any such violations shall be a consideration in renewing entities/persons application. The entity/person shall pay for any and all costs incurred by county, including but not limited to attorney fees under this paragraph.

(k) At the sole discretion of the county of Marin, a financial performance bond may be required of the operator or applicant.

(l) A business operator operating without an office lease at Gnoss Field may not have a fixed place of operation or advertise and must work in a tenant's place of business.

(m) Business operators without an office lease at Gnoss Field shall pay fifty dollars a month (adjusted annually in January for all urban consumers- Bay Area CPI) for a minimum of six months and pay one percent of gross receipts. A business-operating permit shall not be granted without the three hundred dollar fee. The one percent of gross receipts is due upon expiration of the business-operating permit. A renewal of a business-operating permit shall not be granted without said payment of the one percent receipts.

(n) Emergency airplane repairs shall be allowed with the approval of the airport manager. Seven days' notice to the airport manager is mandatory and the business operator conducting the repairs shall obtain a business-operating permit.

(o) Business operators without an office lease at Gnoss Field shall apply to the airport manager for the appropriate business-operating permit. The airport manager, upon appropriate documentation and payment of permit fees from the business operator as specified in this section, shall give said permit within a period of thirty days.

(p) Any violation of the business-operating permit or business lease shall result in revocation of the permit or lease.

(Ord. 3363 § 1 (part), 2003)

(a) Must provide aircraft appropriately equipped to level of instruction undertaken or advertised.

(b) Must lease or sub-lease office and/or classroom space within F.B.O. sites 1 or 2, or space designated by and acceptable to the county. Space in any building or structure other than F.B.O. site 1 or 2 may be leased or sub-leased only if such building or structure received a building permit issued by the county and meets all current building, occupancy, safety and fire codes. All office and/or classroom space must meet health requirements relating to public restrooms per Ordinance No. 2842 or later amendment, and have access to public or common use lounge and public telephone; or, if a business operator without an office/classroom lease at Gnoss Field, shall obtain the appropriate business-operating permit from the airport manager and pay appropriate permit fees.

(c) Applicant must demonstrate the adequacy of proposed space, to the satisfaction of the county, for the scope of operation proposed. Additionally, maintenance and/or preventive maintenance on aircraft used by flying schools must be done in suitable facilities.

(d) Must employ at least one properly rated FAA flight instructor.

(e) Must have at least one aircraft under operator control.

(f) Hours of operation must be posted for all business operators with an office or classroom lease.

(g) Must comply with insurance requirements as set forth in Section 12.06.100 of this chapter.

(Ord. 3363 § 1 (part), 2003)

(a) Establishment of a new skydiving service shall be subject to the following:

Safety and Business Plan Submittal. A safety and business plan shall be submitted to the airport manager for review and approval. The plan shall incorporate parachute operations, jump aircraft maintenance, jump pilot responsibilities (found in FAA advisory circulars and regulations), as well as time of day operations, general public ramp restrictions, designated viewing areas, and off airport recovery. The plan will define at least one parachute landing area (PLA) at the airport. In the event that the county of Marin uses a consultant for the purpose of assisting in this analysis, the party proposing to establish the skydiving service shall pay for the cost of the consultant to the county of Marin and shall deposit the anticipated cost thereof with the county of Marin prior to the county undertaking such study. The county of Marin will seek input from the FAA and request its own analysis before making any decision on establishment of a new skydiving service operation and/or the establishment or expansion of a skydiving service.

(b) Any operator engaged in a parachuting/skydiving operation shall meet or exceed the basic safety requirements of the United States Parachute Association and, at a minimum, the requirements specified herein for a skydiving service.

(c) The skydiving service shall have available for skydiving at least one properly certificated aircraft, which is either owned or under lease. The jump plane pilot must be appropriately certificated by the FAA and be appropriately rated for the aircraft being operated.

(d) The skydiving service shall adhere to or exceed the requirements of any and all applicable FAA regulations, including FAR Part 91 and Part 105, and related FAA Advisory Circulars. The same may be amended from time to time as any other applicable government regulations supersede.

(e) The skydiving service shall have available for its use the following land area and buildings:

(1) Available parking for customers and employees with a capacity as determined by the county's airport manager.

(2) An enclosed building (leased or subleased area) with sufficient area for handling administrative and instructional services and access to restrooms.

(3) Sufficient ramp space leased for aircraft and safe boarding procedures.

(4) A designated spectator area which is separated or cordoned off from any areas in which aircraft will be operating.

(5) A designated aircraft staging area, loading area, and landing area locations approved by the airport manager.

(f) The skydiving service shall have on duty an adequately qualified employee at all times while jump operations are taking place who shall communicate with all skydiving aircraft operating at the airport and Oakland ARTCC.

(g) The skydiving service shall have each of its customers execute a hold harmless agreement on a form to be approved by the county's risk manager. The agreement will name the county of Marin as a party released from liability. The skydiving service business must comply with insurance requirements as set forth in Section 12.06.100 of this chapter.

(h) A NOTAM must be established and published through the appropriate aeronautical entity to advise all airport users of parachute jump activities and the skydiving service shall notify the day before all flight schools and flying clubs operating at the airport that skydiving activities are scheduled.

(i) Exhibition jumps, as defined by the United States Parachute Association, shall be only by conditional approval of the Gnoss Field airport manager.

(j) A current letter of agreement with the Oakland ARTCC for the purpose of supplementing FAR Part 105 by further defining procedures for skydiving activity at the airport.

(Ord. No. 3645, § II, 5-3-2016)

(a) Must lease or sub-lease space within FBO sites 1 or 2, or space designated by and acceptable to the county including office, shop, hangar and parts storage. Space in a building or structure other than FBO site 1 or 2 may be leased or sub-leased only if such building or structure received a building permit issued by the county and meets all current building, occupancy, safety and fire codes. All shop/office space must meet health requirements relating to public rest rooms per Ordinance No. 2842 or later amendment, and have access to public or common use lounge and public telephone; or, if a business operator without an office, shop, hangar and parts storage lease at Gnoss Field shall maintain the appropriate business-operating permits with the airport manager and pay appropriate permit fees.

(b) Applicant must demonstrate the adequacy of proposed space, to the satisfaction of the county, for the scope of operation proposed.

(c) Must be FAA certified for work performed.

(d) Must employ at least one FAA certified mechanic.

(e) Hours of operation must be posted for business operators with an office, shop, hangar and parts storage lease.

(f) Must meet all applicable fire and safety regulations, with specific reference to those applicable to provisions of fire extinguishers, welding, storage of flammable liquids, doping, spray-painting and paint stripping facilities.

(g) Must maintain on file with county of Marin waste management department hazardous materials business plan. A hazardous materials permit is required if applicable.

(h) Must maintain on file with the Marin County airport:

(1) Storm water pollution prevention plan permit compliance checklist;

(2) Storm water pollution prevention plan permit questionnaire;

(3) Storm water pollution plan co-permitee agreement;

(4) List of any and all aircraft utilizing tie-downs assigned to the business;

(5) List of emergency and after hour telephone contacts.

(i) Must comply with insurance requirements as set forth in Section 12.06.100 of this chapter.

(Ord. 3363 § 1 (part), 2003)

(a) Must lease or sub-lease office space within FBO sites 1 or 2, or space designated by and acceptable to the county. Space in any building or structure other than FBO site 1 or 2 may be leased or sub-leased only if such building or structure received a building permit issued by the County and meets all current building, occupancy, safety and fire codes. All office space must meet health requirements relating to public rest rooms per Ordinance No. 2842 or later amendment, and have access to public or common use lounge and public telephone; or, if a business operator without an office lease at Gnoss Field shall maintain the appropriate business-operating permit with the airport manager and pay appropriate permit fees.

(b) Must have exclusive use of suitable space on the Marin County airport for display and storage of aircraft for sale. Applicant must demonstrate the adequacy of proposed space, to the satisfaction of the county, for the scope of operation proposed.

(c) Must employ or contract with at least one person with a current pilot certificate with ratings and currency appropriate to the types of aircraft to be demonstrated.

(d) Hours of operation must be posted for business operators with an office lease.

(e) Must comply with the insurance requirements as set forth in Section 2.06.100 of this chapter.

(Ord. 3363 § 1 (part), 2003)

(a) Must lease or sub-lease office space within FBO sites 1 or 2, or space designated by and acceptable to the county. Space in any building or structure other than FBO site 1 or 2 may be leased or sub-leased only if such building or structure received a building permit issued by the county and meets all current building, occupancy, safety and fire codes. All office space must meet health requirements relating to public rest rooms per Ordinance No. 2842 or later amendment, and have access to public or common use lounge and public telephone; or, if a business operator without an office lease at Gnoss Field must obtain the appropriate business-operating permit from the airport manager and pay the appropriate permit fees.

(b) Applicant must demonstrate the adequacy of proposed space, to the satisfaction of the county, for the scope of operation proposed.

(c) Lessee must hold an FAA Air Taxi-Commercial Operator Certificate with the appropriate ratings.

(d) Must employ at least one pilot, properly certified, holding at least a valid commercial pilot rating.

(e) One two-place aircraft meeting all requirements of the Air Taxi/Commercial Operator Certificate must be owned or available under lease agreement, and must meet all the relevant requirements of Part 135 of the FAA Regulations.

(f) Hours of operation must be posted for business operators with an office lease.

(g) Must comply with insurance requirements as set forth in Section 12.06.100 of this chapter.

(Ord. 3363 § 1 (part), 2003)

(a) Must lease or sub-lease office and shop space within FBO sites 1 or 2, or space designated by and acceptable to the county. Space in any building or structure located other than FBO site 1 or 2 may be leased or sub-leased only if such building or structure received a building permit issued by the county and meets all current building, occupancy, safety and fire codes. All office space must meet health requirements relating to public rest rooms per Ordinance No. 2842 or later amendment, and have access to public or common use lounge and public telephone; or, if a business operator without an office and shop lease at Gnoss Field shall obtain the appropriate business-operating permit from the airport manager and pay the appropriate permit fees.

(b) Applicant must demonstrate the adequacy of proposed space, to the satisfaction of the county, for the scope of operation proposed. Office and shop space shall meet specifications as required for FAA Repair Station Certificate.

(c) Operator must hold an FAA Repair Station Certificate appropriate to service rendered.

(d) Must employ at least one FAA certified repairman qualified in accordance with the terms of the Repair Station Certificate.

(e) Must comply with the insurance requirements as set forth in Section 12.06.100 of this chapter.

(Ord. 3363 § 1 (part), 2003)

(a) Must lease or sub-lease office space within FBO sites 1 or 2, or space designated by and acceptable to the county. Space in any building or structure other than FBO site 1 or 2 may be leased or sub-leased only if such building or structure received a building permit issued by the county and meets all current building, occupancy, safety and fire codes. All office space must meet health requirements relating to public rest rooms per Ordinance No. 2842 or later amendment, and have access to public or common use lounge and public telephone. Must lease real property from the county adequate for the installation of two ten thousand gallon minimum capacity fuel tanks and make possible installation of a self-service fueling facility.

(b) Applicant must demonstrate the adequacy of proposed space, to the satisfaction of the county, for the scope of operation proposed.

(c) Must provide separate mobile fueling trucks for AVGAS and Jet fuel (A) that meets Department of Transportation, Department of Motor Vehicles and any other applicable regulatory agency criteria. Stationary, unattended card-lock type self-fueling stations may substitute or augment attended fueling service.

(d) Lessee or sub-lessee must provide an approved training manual for fuel handlers to airport manager. Fuel handlers must receive initial and re-current training annually on the care, operation and routine maintenance of the fueling systems and equipment. Training must also include aircraft fueling safety and hazardous material spill procedures.

(e) Mobile fuel vehicle operators must possess a valid California driver's license appropriate to the class vehicle operated.

(f) Must maintain on file with the county of Marin waste management and airport manager a current hazardous materials business plan, a hazardous materials permit, and a fuel storage tank permit.

(g) Must maintain on file with the Marin County airport:

(1) Storm water pollution prevention plan permit compliance checklist;

(2) Storm water pollution prevention plan permit questionnaire;

(3) Storm water pollution plan co-permitee agreement;

(4) List of emergency and after hour telephone contacts.

(h) Minimum hours of operation: (a) a minimum of nine hours each day during and throughout all seven days each week (excluding Christmas Day) for the period from October 1 to May 31, inclusive, and (b) a minimum of ten hours each day during and throughout all seven days each week for the period from June 1 to September 30, inclusive. In the event self-fueling service is added, the operator and the county may reduce fuel handler hours of attendance to a level mutually acceptable.

(i) Must furnish, install, and maintain OSHA-approved and county-approved above-ground or below-ground fuel storage tanks as follows: one ten thousand gallon minimum capacity tank for the storage of AVGAS, and one ten thousand gallon tank for the storage of Jet Fuel (A). Both tanks must have overfill and rupture containment provisions adequate to meet current statutes. In the event fuel facility operator ceases operation or attempts to abandon the facility, the facility will be, at the county's sole option, surrendered complete or removed completely and the site returned to an "as presented" pre-installation condition at the operators' expense.

(j) Must comply with insurance requirements as set forth in Section 12.06.100 of this chapter.

(Ord. 3363 § 1 (part), 2003)

(a) As circumstances warrant, other business activities, which because of its relationship to the operation of aircraft is regarded by the FAA or county of Marin as an aeronautical activity or is authorized by the county of Marin to operate in conjunction with an aeronautical activity and is not specifically listed above, will be evaluated for inclusion and standards will be promulgated as required.

(b) Incidental business activities that do not relate to operation of aircraft such as delivery services or repairs to hangars shall be allowed at Gnoss Field.

(Ord. 3363 § 1 (part), 2003)

(a) Prior to rendering services provided by the terms and conditions of these operating standards and any lease provisions, business operator shall acquire and maintain during the term of business operator's lease/sub-lease at the Marin County airport/Gnoss Field and at any time that business operator is conducting business at Gnoss Field, insurance coverage, through and with an insurer acceptable to county, naming the county, the aviation commission, and their officials, employees, and volunteers as additional insured, (hereinafter referred to as (the insurance). The limits of the insurance herein shall not limit the liability of the business operator hereunder.

(b) The scope, term, condition and minimum liability limits shall be maintained in accordance with the latest revision of the airport insurance limits as set by the county risk manager of the county administrator's office.

(Ord. 3363 § 1 (part), 2003)