Chapter 25.08

COMMERCIAL ACTIVITIES

Parts:

• 1 General Provisions

• 3 Air Carriers and Other Commercial Activities

• 5 Car Rental Agencies

• 6 Consolidated Rental Car Facilities and Fees

• 7 Ground Transportation Providers

• 9 Mobile Aircraft Maintenance Permit

• 11 Direct Line Telephones

• 13 Commercial Activity - Lease or License Agreements

• 15 Other Commercial Activity - Permits

No person shall destroy, injure, deface or disturb in any way any building, sign, equipment, marker or other structure, tree, flower, lawn or other public property on the airport, trespass on lawns and seeded areas on the airport, or abandon any personal property on the airport. (Ord. 25529.)

Part 1

GENERAL PROVISIONS

Sections:

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§ 25.08.010

• A. Only commercial activities authorized in accordance with the provisions of this title shall be permitted on the airport.

• B. No person shall conduct any commercial activity or otherwise transact business on the airport without first obtaining the authorization required in this title.

• C. Persons who occasionally enter upon the airport to transact business without conveying or selling any article of merchandise, transporting property, baggage or parcels or performing any service on the airport, shall not be required to seek the authorization otherwise required pursuant to this title.

• D. Authorization is not required for delivery of articles of merchandise to, or performing services for, any person which is authorized to conduct commercial activities on the airport pursuant to this title, except as is expressly provided in this title. The director may, however, restrict the location where such deliveries or services are provided as the public safety and convenience require.

• B. The report shall identify the certificated air carrier, permittee, licensee, or tenant, the term of the operating agreement, permit, license, or lease, and revenues or expenditures accruing to the city therefrom.

• (Ord. 25529.)

Part 3

AIR CARRIERS AND OTHER COMMERCIAL ACTIVITIES

Sections:

• 25.08.310 Use of terminal and landside facilities by certificated air carriers.

• 25.08.330 Nonscheduled certified air carriers.

• 25.08.340 Regularly scheduled cargo certificated air carriers.

• 25.08.350 Services and deliveries on airport apron - Permit requirements.

No person shall engage in any business, trade, profession, calling, practice or other act upon the airport for which a permit, license, agreement or other authorization is required, without such authorization.

(Ord. 25529.)

• A. Unless otherwise authorized by resolution of the city council the director shall cause a quarterly report to be filed with the council which describes all operating agreements, permits, licenses, and leases executed by the director on behalf of the city pursuant to this title in the preceding calendar quarter.

• A. A certificated passenger air carrier shall be authorized to operate regularly scheduled flights to the airport, upon the fulfillment of the following requirements:

  1. The director determines that there is available space at the terminal apron, gates, and baggage area; and

  2. The certificated air carrier either enters into an agreement with the city providing for its use of space in the airport terminal facilities with the city, or arranges with another certificated air carrier who is a current tenant at the airport to share or sublease space in the airport terminal facilities; and

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§ 25.08.310

3. The certificated air carrier enters into an operating agreement pertaining to its use of the airfield and other common facilities of the airport containing such provisions as the city council (or the director if he or she is authorized to execute the agreement) determines to be necessary or desirable to protect the interests of the city or the general public.

• B. The director shall be authorized to execute any operating agreement required by this section on behalf of the city if:

  1. The total monetary value received by the city from such operating agreement does not exceed two hundred fifty thousand dollars ($250,000.00); or

  2. The term of such operating agreement where the total monetary value received by the city exceeds two hundred fifty thousand dollars ($250,000.00) is for three (3) years or less, including the term of any extensions or renewals of such agreement for which either the city or the certificated air carrier has the option or right to renew under the terms of the operating agreement.

• C. The director shall be authorized to execute amendments to extend the term of any operating agreement required by this section on behalf of the city if the total monetary value received by the city from such operating agreement from the original effective date through the extended term does not exceed two hundred fifty thousand dollars ($250,000.00).

• D. Any operating agreement executed as provided in this section by the director shall be approved as to form by the office of the city attorney before execution by the director, and the original of the operating agreement shall be filed with the office of the city clerk.

• E. The city council shall approve the execution of any operating agreement required pursuant to this section if:

  1. The total monetary value received by the city exceeds two hundred fifty thousand dollars ($250,000.00); and

  2. The term of such operating agreement is greater than three (3) years.

• F. The city council shall also approve the execution of amendments to extend the term of any operating agreement required by this section on behalf of the city beyond three (3) years, if the total monetary value received by the city from such operating agreement from the original effective date through the extended term exceeds two hundred fifty thousand dollars ($250,000.00).

(Ords. 25529, 28017.)

• A. Certificated air carriers shall be authorized to utilize ticket counter space, holdroom space, baggage make-up space, and/or office space in the terminal facilities or cargo facilities by either a lease or license if the director determines that there is space available therefor consistent with the convenience of airline passengers and the space needs of other terminal facilities uses or cargo facilities uses.

• B. The director shall be authorized to execute any lease or license if:

  1. The total monetary value received by the city from such lease or license does not exceed two hundred fifty thousand dollars ($250,000.00); or

  2. The term of such lease or license where the total monetary value received by the city exceeds two hundred fifty thousand dollars ($250,000.00) is for three (3) years or less, including the term of any extensions or renewals of such agreement for which either the city or the certificated air carrier has the option or right to renew under the terms of the lease or license.

• C. The director shall be authorized to execute amendments to extend the term of any lease or license required by this section on behalf of the city if the total monetary value received by the city from such lease or license from the

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§ 25.08.310

original effective date through the extended term does not exceed two hundred fifty thousand dollars ($250,000.00).

• D. Any lease or license executed by the director as provided herein shall be approved as to form by the office of the city attorney before execution by the director, and the original lease or license shall be filed with the office of the city clerk.

• E. The city council shall approve the execution of any lease or license required pursuant to this section if:

  1. The total monetary value received by the city exceeds two hundred fifty thousand dollars; and

  2. The term of such lease or license is greater than three (3) years.

• F. The city council shall also approve the execution of amendments to extend the term of any lease or license required by this section on behalf of the city beyond three (3) years, if the total monetary value received by the city from such lease or license from the original effective date through the extended term exceeds two hundred fifty thousand dollars ($250,000.00).

• G. The director or the city council, as the case may be, shall require such leases or licenses to contain terms and conditions considered necessary or desirable for the protection of the safety and convenience of the city and the general public.

(Ords. 25529, 28017.)

Fees and charges required to be paid for use by a certificated air carrier of airport facilities and/or landing at the airport may be established by any of the following methods:

• A. In accordance with Part 3 of Chapter 25.08 of Title 25 of the San José Municipal Code.

• B. In accordance with the schedule of fees adopted by resolution of the city council.

• C. In accordance with the provisions of operating agreements, leases or licenses which have been approved by the city council.

A manual accurately reflecting such fees and charges required by this section shall be maintained at the office of the director and shall be available to the public upon request. (Ords. 25529, 29148.)

• A. Certificated air carriers that are not regularly scheduled to land at the airport shall be authorized to operate on the airport only if the director determines that there is space available therefor at the apron, gates and baggage facilities and that the public safety, convenience and welfare will be served by such operation.

• B. Fees and charges for such certificated air carriers that are not regularly scheduled to land at the airport shall be established in conformity with Section 25.08.360.

(Ords. 25529, 29148.)

• A. A certificated air carrier of cargo shall be permitted to operate regularly scheduled flights to the airport if the director determines that there is available space at designated areas in and about the airport for loading and unloading of cargo or freight and for any ground operations or support facilities as may be required for the cargo operations, and that the public safety, convenience, and welfare will be served by such operation.

• B. Fees and charges for such regularly scheduled certificated air carrier operations shall be established in conformity with Section 25.08.320.

• C. Certificated air carriers of cargo shall otherwise comply with the requirements of securing leases, licenses, and operating agreements in accordance with Sections 25.08.300 and 25.08.310.

• (Ords. 25529, 29148.)

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§ 25.08.500

• A. No person, association or other entity shall conduct any commercial delivery or service activity on the airport apron (including but not limited to, fueling of aircraft and ground vehicles, catering in-flight meals, and the performance of ramp services) without first obtaining a permit therefor.

• B. Such permits shall be issued if the director determines that the activity will be performed consistent with the safety and convenience of airport users and that a need exists on the airport for such activity.

• C. No such permit shall be issued if it would be in conflict with existing contractual commitments of the city.

• D. The permits shall be issued by the director and shall be revocable upon thirty days' notice upon a determination by the director that revocation is necessary for the protection of the safety and convenience of the city, airport users, and the general public.

• E. The permittee is required to pay fees established by resolution of the city council for such permits, and the permit shall contain such other terms and conditions as the director determines to be necessary for the protection of the safety and convenience of the city, airport users, and the general public.

• (Ord. 25529.)

A certificated air carrier operating regularly scheduled flights to the airport that has not entered into an agreement with the city as required pursuant to Part 3 of Chapter 25.08 of Title 25 of the San José Municipal Code and any certificated air carrier that is not regularly scheduled to operate at the airport shall:

• A. Comply with all rules, regulations, and orders issued by the city, the director and the city's officers and employees, regarding the proper use or occupancy of the airport or any portion thereof;

• B. Submit monthly activity reports for activity conducted by the certificated air carrier at the airport pursuant to the terms of the city's then-current certificated air carrier lease and operating agreement;

• C. Pay when invoiced by city all rates and charges applicable to its operations at and use of the airport or any portion thereof, as determined pursuant to the terms of the city's then current certificated air carrier lease and operating agreement; and

• D. Pay when invoiced by city an additional amount equal to thirty percent of all rates and charges applicable to its operations at and use of the airport or any portion thereof.

(Ords. 28006, 29148.)

Part 5

CAR RENTAL AGENCIES

Sections:

• A. No on-airport car rental agency shall occupy airport terminals, service lots, parking spaces, or other areas on the airport without a lease providing authorization to occupy such areas in accordance with this title.

• B. The director may approve and execute a lease with an on-airport car rental agency, on behalf of the city, if:

  1. The total monetary value received by the city from such lease does not exceed two hundred fifty thousand dollars ($250,000.00); or

  2. The term of such lease where the total monetary value received by the City exceeds two hundred fifty thousand dollars ($250,000.00) is for three (3) years or less, including the term of any extensions or

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§ 25.08.500

  - renewals of such lease for which either the city or the on-airport car rental agency has the option or right to renew under the terms of the lease. 

• C. The city council shall approve the execution of any lease required pursuant to this section if the total monetary value received by the City exceeds two hundred fifty thousand dollars ($250,000.00) and the term of the lease is greater than three (3) years. The city council shall also approve the execution of amendments to extend the term of any lease required by this section on behalf of the City beyond three (3) years, if the total monetary value received by the City from such lease from the original effective date through the extended term exceeds two hundred fifty thousand dollars ($250,000.00).

• D. A lease for use of the airport for on-airport car rental agency commercial activity that is otherwise within the authority of the director to execute under this section may be approved and executed by the director on behalf of the city if the director determines:

  1. That adequate space is available to accommodate such activity consistent with the space requirements of other airport uses;

  2. That the proposed lease of space would conform to the most recent airport layout plan for the airport; and

  3. That the proposed lease of space conforms to the council policy for on-airport car rental agency commercial activity.

• E. Approval of such leases by either the director or the city council is at the city's sole discretion.

• F. An on-airport car rental agency shall maintain insurance in amounts and under terms and conditions established by the city's risk manager to be necessary or desirable to protect the city and the general public. The insurance requirements shall be included in any leases with the on-airport car rental agency.

• G. An on-airport car rental agency shall pay such rentals, fees, charges and deposits as may be established by resolution of the city council if the lease is approved by the director, or as otherwise set forth in leases authorized by the city council.

• H. All leases with an on-airport car rental agency shall contain such other terms, conditions and provisions as may be determined by the city council or the director, if the director is authorized to approve the leases, to protect the safety, welfare and convenience of the city and the general public.

• I. As an alternative to the authority granted in this section to approve leases with on-airport car rental agencies, the director may enter into license agreements with an on-airport car rental agency in accordance with the provisions of Sections 25.08.1500, 25.08.1510, 25.08.1310, and 25.08.030.

(Ords. 25529, 28017.)

• A. No off-airport car rental agency shall engage in or perform any car rental commercial activity at the airport without a ground transportation permit issued pursuant to Section 25.08.710, except that off-airport car rental agencies may be authorized to install direct line telephones pursuant to Section 25.08.1100.

• B. The director is authorized to issue permits under this section. Such permits shall be valid for specified periods not exceeding three years from date of issuance. In addition to the terms and conditions required by this chapter, such permits shall contain such other terms and conditions as the director determines to be necessary for the protection of the safety, convenience and welfare of the city and the general public.

• C. An off-airport car rental agency shall be limited to the commercial activity of delivering rental cars to a customer, or picking up or dropping off the customer at the airport for delivery or return of a rental car off of the

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§ 25.08.640

airport. No other commercial activity shall be authorized by any permit issued to an offairport car rental agency under this section.

• D. An off-airport car rental agency, in delivering rental cars or picking up or dropping off customers at the airport, shall be limited to authorized locations for such delivery, pick-up or drop-off on the airport, as designated by traffic markings or signs, in rules and regulations issued by director or in the permit.

• (Ord. 25529.)

• B. Each on-airport car rental agency shall surcharge a customer facilities fee on every contract for a car rental derived from its commercial activity at the airport. All customer facilities fees collected by any on-airport car rental agency on behalf of city shall be deemed a debt owed to the city by such car rental agency. Each on-airport car rental agency shall remit all customer facilities fees collected from its customers to city in the manner prescribed by city in writing.

• (Ord. 26063.)

Part 6

CONSOLIDATED RENTAL CAR FACILITIES AND FEES

Sections:

• 25.08.620 Customer facilities fee.

• 25.08.630 Customer transportation fee.

• 25.08.640 Reporting and remittance.

• 25.08.650 Recordkeeping requirements.

• 25.08.660 Fees deemed debt to city.

• 25.08.670 Failure to remit fees to city.

From and after the date that city places a common use transportation system into service, including any interim rental car busing system, no on-airport or off-airport car rental agency shall pick up or deliver customers from the terminals except by transportation on the common use transportation system.

(Ord. 26063.)

• A. Each person who rents a vehicle from an onairport rental car agency located in the consolidated rental car facility shall pay a customer facilities fee in such amount as is established by resolution of the city council.

• A. Each person who rents a vehicle from an onairport or off -airport car rental agency, and who arrives at or departs from the airport or uses the interim common use transportation system, shall pay a customer transportation fee for use of the interim common use transportation system in such amount as is established by resolution of the city council.

• B. Each on-airport car rental agency and each off-airport car rental agency shall surcharge any applicable customer transportation fee on each customer contract where the transaction derives from passenger activity at the airport, or the customer arrives or departs from the airport or uses the interim common use transportation system. All customer transportation fees collected by any car rental agency on behalf of city shall be deemed a debt owed to city by such car rental agency. Each on-airport car rental agency and off-airport car rental agency shall remit all customer transportation fees collected from its customers to city in the manner prescribed by city in writing.

• (Ord. 26063.)

• A. Each on-airport car rental agency, and each off-airport car rental agency shall, on or before the last day of each calendar month, prepare and submit a monthly fee report, in a form satisfactory to the director, that specifies

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§ 25.08.640

the total number of car rental contracts let, the amount of customer facilities fees collected, and the amount of customer transportation fees collected for the preceding calendar month.

• B. The full amount of the customer facilities fees and the customer transportation fees collected in the preceding calendar month shall be remitted to the director along with the monthly fee report.

• (Ord. 26063.)

It shall be the duty of every on-airport rental car agency and every off-airport rental car agency liable for the collection and payment to the city of any fee imposed by this chapter to keep and preserve for a period of three years all records as may be deemed necessary by the city to determine the amount of any such fees for which such rental car agency may be liable for the collection of and remittance to the city. The city shall have the right to inspect such records at any reasonable time. (Ord. 26063.)

Any fee required to be paid by any person under the provisions of this chapter shall be deemed a debt owed to the city. Any amount of money required to be collected and remitted to the city by any on-airport rental car agency or any off-airport rental car agency pursuant to this Part 6 of Chapter 25.08 shall be deemed a debt owed by such agency to the city. Any person owing money to the city under the provisions of this Part 6 of Chapter 25.08 shall be liable to an action brought in the name of the city for the recovery of such amount. (Ord. 26063.)

Any person who fails to remit fees or who does not remit fees in a timely manner shall, in addition to all remedies available to city under this Code and

state law, be barred from using the airport or its facilities for the conducting of any commercial activity whatsoever.

(Ord. 26063.)

Part 7

GROUND TRANSPORTATION PROVIDERS

Sections:

• 25.08.710 Application - Ground transportation permits.

• 25.08.720 Ground transportation provider - Requirements.

• 25.08.730 Ground transportation provider - Restrictions and requirements.

• 25.08.740 Circling and solicitation prohibited.

• 25.08.750 Taxicab services providers.

• 25.08.751 Airport access permit distribution.

• 25.08.753 Accessible vehicles.

• 25.08.754 Company on-demand authorization.

• 25.08.755 Taxicab company airport access permits.

• 25.08.756 Driver airport access permits.

• 25.08.757 Restrictions on company affiliation.

• 25.08.760 Requirements for ground transportation provider drivers, representatives, employees or other agents.

• 25.08.770 Appeals - Ground transportation provider permits.

• A. No ground transportation provider shall conduct commercial activity at the airport without a ground transportation permit or registration issued pursuant to this Title.

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§ 25.08.710

• B. Any ground transportation provider that conducts commercial activity at the airport shall pay such fees and charges as are imposed or established by resolution of the city council.

• C. Ground transportation providers shall be limited to the commercial activity of stopping and picking up or discharging passengers, parcels, packages or baggage at authorized locations on the airport, as designated by traffic markings or signs, in rules and regulations issued by the director or in the permit.

• D. A ground transportation provider shall acquire and maintain such insurance, certificates, licenses or other authorization required by law to engage in the activity of carrying passengers as a common carrier or otherwise, including, without limitation, any applicable state public utilities commission authorization and other applicable city licenses and permits as required by other provisions of this Code.

• E. In addition to the terms and conditions for such permits required by this chapter, such permits shall contain such other terms and conditions as the director or city council determine are necessary for the protection of the safety, convenience and welfare of the city and the general public.

• F. The director may renew the term of any ground transportation permit one time or more, for periods not to exceed three years for any one renewal.

• G. The director may issue a registration in lieu of a permit to a ground transportation provider who conducts limited commercial activity, as determined in the director's sole discretion, at the airport. Those seeking registration shall provide information the director deems necessary or appropriate to determine eligibility for registration. Registered ground transportation providers shall comply with the same rules, regulations, and conditions as those operating with a permit and any additional terms and conditions as the director deems necessary or appropriate for the protection of the safety,

convenience and welfare of the city and the general public. The director's determination of whether or not to issue a registration shall be a final determination, not subject to appeal.

(Ords. 25529, 28919, 29352, 29387, 29708, 29967.)

• A. Applications by a ground transportation provider or an off-airport car rental agency for a ground transportation permit shall be filed with the director on forms provided by the director, and shall contain or be accompanied by the following:

  1. Name and address of applicant;

  2. Proof of liability insurance as required by the city's risk manager and as specified in the permit application form;

  3. Proof that the applicant holds a valid California vehicle operator's license, properly endorsed for the type of vehicle the applicant intends to use in the commercial activities to be conducted under this chapter and all other certificates, licenses or other authorization required by law to engage in the activity of carrying passengers as a common carrier or otherwise or to operate as a courier operator, including without limitation applicable state public utilities commission authorization and all other applicable city licenses and permits;

  4. Payment of applicable permit fees and deposits, as established by resolution of the city council;

  5. Proof of payment of applicable city taxes including without limitation the business tax set forth in Chapter 4.76 of this Code;

  6. A ground transportation permit form, as provided by the director, duly executed by the applicant; and

  7. Such other information as may be required by the director.

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§ 25.08.710

• B. If the application for a ground transportation permit is complete, then the director shall act on the application and approve or disapprove the issuance of a ground transportation permit within twenty-one calendar days of submission of a completed application. Failure of the director to act within twenty-one calendar days shall not result in an automatic approval of the permit.

• C. The director may take into account any factors used to determine whether to issue, deny, suspend or revoke a ground transportation permit, as provided in this chapter.

• D. No issuance or renewal of any ground transportation permit shall be granted unless the permittee has provided the director with such information as the director shall reasonably request, has fully executed a permit renewal or extension as required by the director and has paid all applicable fees and charges.

• (Ords. 25529, 29387, 29708.)

Each ground transportation provider shall strictly comply with the following requirements:

• A. Ground transportation providers shall pay fees and charges established by resolution of the city council for the privilege of conducting the commercial activity authorized by this title.

• B. Ground transportation providers shall maintain insurance in amounts and under terms and conditions determined by the city's risk manager to be necessary or desirable to protect the city and the general public.

• C. No ground transportation provider shall assign or transfer the permit, and any attempted transfer or assignment shall render the permit void.

• D. Permits issued pursuant to Sections 25.08.510 and 25.08.710 shall be issued for a specified period not exceeding three

years from date of issuance of the permit, unless renewed pursuant to the terms of this title.

• E. The director may issue, and may revise from time to time, written rules and regulations regarding commercial activity at the airport, including rules and regulations implementing the provisions of this title. All ground transportation providers shall comply with these written rules and regulations, as amended from time to time.

• (Ords. 25529, 29387, 29708.)

• A. Each ground transportation provider shall conduct commercial activities on the airport in strict compliance with, and shall ensure that any other person operating on the airport under the authority of such ground transportation provider's permit shall operate in strict compliance with:

  1. The provisions of this title; and

  2. Any requirements or restrictions set forth in the ground transportation permit; and

  3. Any rules and regulations issued pursuant to this title.

• B. Each ground transportation provider shall also strictly comply with the following requirements and restrictions:

  1. Comply with all traffic signs and traffic markings.

  2. No on-duty driver, representative, employee or other agent of any ground transportation provider may do any of the following on the airport:

     • a. Consume alcoholic beverages; or

     • b. Possess or use any weapons.

  3. Acquire, maintain, comply with and display any permits, licenses or other authorization required by the California Department of Motor Vehicles and/or the California Public Utilities Commission, if applicable.

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§ 25.08.740

4. Display a valid, current ground transportation decal issued by the airport for operation of its vehicles upon the airport or other identification required by director, unless director determines that, due to the size of the ground transportation provider's fleet or for other good cause, such requirement is impractical or creates an undue hardship.

5. Except for ground transportation providers operating a taxicab at a prearranged fare/rate provided by app as permitted under Chapter 6.64 of Title 6 of this Code, each ground transportation provider operating a taxicab using a taximeter shall ensure that its taximeter is accurate and shall charge passengers only pursuant to a properly working taximeter.

6. Each driver or other representative of a ground transportation provider meeting a pre-arranged passenger or pre-arranged parcel pick up shall present a valid waybill to any airport official on request.

7. No ground transportation provider shall knowingly obtain, possess or provide to the city or airport personnel a false or altered waybill, coupon or voucher in connection with commercial activity at the airport. Waybills shall be either in the form of the city's approved waybill or in the form of the ground transportation provider's standard waybill for use at the airport, as submitted to and approved by director.

8. No ground transportation provider, including any agent, employee, representative or driver of any ground transportation provider, may perform any vehicle maintenance, including checking fluid levels and raising vehicle hoods on airport property, except emergency repairs or except as expressly permitted by director.

9. No ground transportation provider shall allow any person to drive its vehicles onto

the airport, if such person has been convicted of a crime substantially related to the qualifications, functions or duties associated with a ground transportation provider, or if such person has been convicted of a felony within the previous five years. Each ground transportation provider shall take reasonable precautions to ensure that its drivers are not disqualified under this provision.

10. Each ground transportation provider that uses the airport roadways and infrastructure to transport passengers and their baggage between the airport and any commercial parking facility located off airport property shall provide such services in a separate vehicle from any other ground transportation services conducted by such ground transportation provider at the airport.

• C. Each ground transportation provider granted on-demand authorization in a ground transportation permit shall also strictly comply with all operating procedures as established by the airport on-demand system dispatch manager.

• (Ords. 25529, 28919, 29387, 29708.)

• A. No ground transportation provider, including any driver, representative, employee or other agent of a ground transportation provider, shall solicit on airport property.

• B. For purposes of this section, "solicit" or "solicitation" means the uninvited initiation of a conversation or other uninvited contact by a ground transportation provider, including a driver, other employee, representative or agent of any ground transportation provider for the purpose of enticing or persuading any person to use any service or facilities provided by the ground transportation provider or any affiliate of any ground transportation provider.

• C. No ground transportation provider shall circle at the airport.

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§ 25.08.740

• D. For the purposes of this section, "circling" means the repetitive operation of any vehicle upon airport roadways as a commercial activity for the purpose of soliciting or attempting to pick up passengers in any location other than approved loading zones specifically authorized for such purpose.

• E. The prohibition on circling and solicitation in this section shall not apply to the airport ondemand system dispatch manager. The operations and activities of the airport on-demand system dispatch manager shall be pursuant to the terms and conditions of the agreement between the City and the airport on-demand system dispatch manager.

cess permits may be issued to companies as set forth in Section 25.08.755 and to individual taxicab drivers, as set forth in Section 25.08.756, in a ratio as determined from time to time by the director. (Ords. 29708, 30552.)

Vehicles that are accessible under the Americans with Disabilities Act of 1990, or other guidelines for accessible vehicles, may operate in the on-demand program without an airport access permit, whenever the need, as determined in the director's sole discretion, arises. (Ord. 29708.)

(Ords. 25529, 29387, 29708, 30552.)

• A. No ground transportation provider of taxicab services shall pick up any on-demand passenger at the airport unless (i) authorized to do so pursuant to an airport access permit; (ii) authorized to do so pursuant to an agreement with the then current airport on-demand system dispatch manager; or except as provided in Section 25.08.753.

• B. No ground transportation provider of taxicab services shall pick up any prearranged passenger at the airport unless authorized to do so pursuant to a ground transportation permit issued pursuant to Section 25.08.710, or except as otherwise allowed pursuant to Section 25.08.700.

(Ords. 29708, 30552.)

In the event that the director determines that efficient airport operations, passenger service needs and the public interest require a limitation on the number of on-demand ground transportation providers at the airport, the director may establish up to a maximum of three hundred airport access permits to be issued to ground transportation providers of taxicab services authorizing pick up of on-demand passengers at the airport. Airport ac-

The director may grant on-demand authorization in a ground transportation permit to any company, firm, business organization, partnership, business trust, or other business entity that meets all of the requirements for ground transportation providers as regulated by the public utilities commission, or provides taxicab services and meets the requirements for a taxicab business license pursuant to Section 6.64.130 et seq. In determining whether to grant on-demand authorization for ground transportation providers, the director will consider the availability of on-demand services at the airport compared to the demand for that service and the public interest.

(Ords. 25529, 29150, 29352, 29387, 29708, 30552.)

• A. The director may distribute taxicab company airport access permits to any taxicab company, firm, business organization, partnership, business trust, or other business with on-demand authorization in its ground transportation permit and that meets the following additional criteria:

  1. Maintains and operates at least fifteen vehicles;

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§ 25.08.757

2. Maintains and utilizes an approved computer aided dispatch and global positioning system on all vehicles operating at the airport;

3. Services the airport with a minimum of twenty-five percent of trips with clean fuel vehicles and/or vehicles that are accessible under the Americans with Disabilities Act of 1990; and

4. Maintains current accounts with the city for any and all fees and taxes.

• B. Taxicab company airport access permits may be used by a permitted and licensed designee of the company. The permit holder is responsible for compliance with all laws, rules, regulations and permit conditions for each taxicab company airport access permit, regardless of its legal relationship with the designee.

• C. Taxicab company access permits may be suspended or revoked pursuant to the provisions of Section 25.10.010 et seq. Conduct which is grounds for denial, suspension or revocation of any permit may result in the suspension or revocation of either the taxicab company airport access permit or the ground transportation permit, or both, at the sole discretion of the director.

• D. Revocation of any ground transportation permit revokes any taxicab company airport access permits allocated to that company. The taxicab company airport access permits will be immediately surrendered and the director may reallocate any such permits between the taxicab companies eligible for taxicab company airport access permits and individual taxicab drivers in a ratio as determined from time to time by the city council.

• (Ord. 29708.)

• A. Driver airport access permits may be distributed to individual drivers as set forth in Section 25.08.751.

• B. The director may maintain a waiting list for driver airport access permits based upon seniority of taxicab service within the city.

• C. Driver airport access permits may be suspended or revoked pursuant to the provisions of Section 25.10.010 et seq.

• D. A driver airport access permit holder must affiliate with a company that is the holder of a ground transportation permit with on-demand authorization pursuant to Section 25.08.754.

• E. No person may transfer or assign his or her driver airport access permit, and any attempt to assign or transfer a driver airport access permit shall render the driver airport access permit void, except under the following circumstances:

  1. A driver airport access permit may be temporarily used by another duly licensed and permitted designee who is affiliated with the same company with on-demand authorization as the driver airport access permit holder; and

  2. The use is no more than two times per year for a minimum duration of two weeks per assignment, but for no longer than three months per year.

• F. A driver airport access permit holder is responsible for compliance with all laws, rules, regulations and permit conditions of the driver access permit by the holder or designee, regardless of the holder's legal relationship with the designee.

• G. A driver airport access permit shall have a one-year term, but may renew upon expiration, unless suspended or revoked in accordance with Section 25.10.010. A driver airport access permit shall not be renewed unless the holder is in compliance with all terms and conditions of the permit and is current on the payment of all fees and taxes due to the city. Upon renewal, a driver airport access permit holder shall provide the director with any such information as the director shall reasonably request.

• (Ords. 29708, 30552.)

• A. No person shall allow, permit or otherwise authorize any individual to utilize a taxicab

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company airport access permit whose driver airport access permit has been suspended or revoked within the last two years.

• B. No person shall allow, permit or otherwise authorize any individual to utilize a taxicab company airport access permit whose conduct has been responsible for the revocation of a taxicab company airport access permit within the last two years.

• C. No person shall allow, permit or otherwise authorize any individual to utilize a taxicab company airport access permit whose driver airport access permit is suspended.

• (Ord. 29708.)

Each driver, representative, employee or other agent of a ground transportation provider shall operate in strict compliance with the provisions of this title and any applicable airport rules and regulations at all times. In addition, each driver, representative, employee or other agent of a ground transportation provider that is authorized to provide on-demand services at the airport pursuant to this title shall operate in strict compliance with the then current airport on-demand system dispatch management agreement and with all operating procedures as established by the airport on-demand system dispatch manager. (Ords. 29387, 29708, 30552.)

Appeals from the denial, suspension or revocation of a ground transportation permit shall be made in accordance with Chapter 25.10. (Ords. 25529, 29387, 29708.)

Part 9

MOBILE AIRCRAFT MAINTENANCE PERMIT

Sections:

• 25.08.910 Mobile aircraft maintenance permit - Insurance and other conditions.

• 25.08.920 Mobile aircraft maintenance permit - Fees and deposit.

• 25.08.930 Mobile aircraft maintenance permit - Implementing regulations.

• A. Any person performing aircraft maintenance for compensation on the airport shall obtain a mobile aircraft maintenance permit from the director.

• B. "Aircraft maintenance" is that defined by the Federal Aviation Administration regulations, but shall not include custodial maintenance of aircraft, such as washing, polishing, upholstering, cleaning and other incidental custodial maintenance.

• C. No permit shall be required, however, for lessees or sublessees of the airport property or their employees where their lease or sublease permits aircraft maintenance to be performed; nor shall such a permit be required of certificated airlines or their employees which perform maintenance on aircraft owned or leased by them or on aircraft owned or leased by other certificated airlines.

• D. No permit shall be required for aircraft maintenance performed by the owners or lessees or their employees of the aircraft being maintained. As used in regard to aircraft maintenance, the term "lessee" of an aircraft shall not include a temporary bailee thereof.

• (Ord. 25529.)

• A. A mobile aircraft maintenance permit shall require the permittee to have an owner or

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lessee of the aircraft present at all times that the permittee performs maintenance on the aircraft.

• B. The permit shall also require the permittee to carry liability insurance and products liability insurance, each with coverage for bodily injury in the amount of one hundred thousand dollars per person and three hundred thousand dollars per occurrence, and coverage for property damage in the amount of three hundred thousand dollars per occurrence; or in the alternative, coverage on a "combined single limit" basis in the amount of not less than five hundred thousand dollars. The permit shall require the permittee to name the City of San José, its officers and employees, as additional insureds, and shall provide that all insurance required hereby shall contain provisions which the city attorney determines to be necessary or desirable for the protection of the city, its officers and employees, the aircraft operator, and the general public.

• (Ord. 25529.)

• A. The permit shall require the permittee to pay a minimum fee of twenty-five dollars per month, paid in advance, or fifteen percent of the permittee's gross income from maintenance performed under the permit, whichever is greater.

• B. As a condition of receiving a permit, the permittee shall be required to deposit one hundred dollars with the director to assure payment of such fees.

• C. If this deposit is reduced due to garnishment by third parties or due to its application for fees due from the permittee, it shall be replenished within ten days after notice thereof is mailed to the permittee or the permit shall be suspended.

• (Ord. 25529.)

Implementing regulations.

The procedures set forth in Chapter 25.10 shall govern the application for, investigation, approval,

denial, suspension, revocation and renewal of any mobile aircraft maintenance permit, except as specifically provided in this chapter. (Ord. 25529.)

A permittee shall be exempt from payment of fees for a mobile maintenance permit if the maintenance is performed for compensation only on aircraft used by one flying club and the person providing the maintenance is a member of that flying club who does not receive annual compensation for such maintenance in excess of the amount of his or her annual dues and assessments as a club member.

(Ord. 25529.)

Part 11

DIRECT LINE TELEPHONES

Sections:

• A. No person shall engage in commercial activity at the airport through the installation or maintenance of a direct line telephone in an airport terminal building or other city airport building, for the general public to use to directly contact a business located on or off the airport, unless a direct line telephone agreement for such purpose is first obtained.

• B. The director may approve and execute, on behalf of the city, a direct line telephone agreement if the term of the agreement is for three years or less (including the term of any extension or renewal by either the city or the person who installs such telephone).

• C. If the total term of any such agreement is longer than three years, city council approval

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of the execution of the agreement is required. If the director has approved such an agreement on behalf of the city, he or she may not thereafter approve a subsequent direct line telephone agreement with the same person, without authorization of the city council to do so.

• D. No direct line telephone agreement may be approved unless:

  1. There is adequate space in appropriate locations available to accommodate such activity consistent with the space requirements of other airport uses and such use would not interfere with other operations or uses for such space; and

  2. The proposed agreement conforms with the city council policy for commercial activity at the airport.

• E. Approval of such agreements by either the director or the city council is at the city's sole discretion.

• (Ord. 25529.)

• D. All such direct line telephone agreements shall contain such other terms, conditions and provisions as may be determined by the city council or the director, if the director is authorized to execute the agreement, to protect the safety, welfare and convenience of the city and the general public.

• (Ord. 25529.)

Part 13

COMMERCIAL ACTIVITY - LEASE OR LICENSE AGREEMENTS

Sections:

• 25.08.1310 Fees and charges.

• 25.08.1320 Procedure and factors for consideration.

• 25.08.1330 Licenses - Factors for consideration.

• 25.08.1340 Authority to execute.

• 25.08.1350 Bonds and insurance.

• A. Any person who enters into a direct line telephone agreement shall maintain insurance in amounts and under terms and conditions established by the city's risk manager to be necessary or desirable to protect the city and the general public. The insurance requirements shall be included in any direct line telephone agreement.

• B. Any person who enters into a direct line telephone agreement shall pay such fees and charges for the privilege of installing and maintaining a direct line telephone as are established by resolution of the city council.

• C. Any person who enters into a direct line telephone agreement shall be limited to the type of telephone and location specified in the agreement. Except as may be authorized in the agreement, no other advertising of such person's business shall be permitted in the vicinity of the direct line telephone.

• 25.08.1360 Other terms and conditions.

• 25.08.1370 Licenses - Parking or storage of general aviation aircraft.

• A. Commercial activities on the airport, other than those specifically addressed elsewhere in this title, for which the use of airport land, structures, or other premises on the airport is necessary or desirable, may be authorized pursuant to lease or license agreements if the director determines:

  1. That adequate space is available to accommodate such activity consistent with the space requirements of other airport uses;

  2. That such activity is necessary, desirable, or appropriate for operation of the airport; and

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3. That the proposed lease of space would conform to the most recent airport layout plan for the airport, a copy of which shall be on file with the city clerk.

• B. The provisions of this Section 25.08.1300 and of Sections 25.08.1320, 25.08.1340, 25.08.1350, and 25.08.1360 shall apply to any lease agreements for land, structure, or other premises on the airport other than leases authorized pursuant to Sections 25.08.300 or 25.08.500.

• (Ord. 25529.)

Tenants or licensees shall pay such rental fees and charges as are imposed or established by resolution of the city council or provided in the terms of the lease or license.

• (Ord. 25529.)

• A. Proposals for the lease of land, structures, or other premises on the airport shall be solicited from all persons, firms, organizations, or other legal entities known by the director to be potentially interested in submitting a proposal. A minimum of three (3) competitive proposals shall be obtained, if practicable, for the lease of land, structures, or other premises on the airport.

• B. Land, structures, or other premises on the airport shall be leased to the responsible proposer who submits the proposal determined by the city to be the most advantageous, considering, but not limited to, such factors as revenues to the airport, services to be provided by the proposer to the public and other airport users, investment in facilities to be constructed on the land or other premises, consistency of the proposed use of airport land or premises with operation of the airport, and any such other factors as are relevant to the proposed activity and to the location of the proposed activity on the airport.

• C. The city is not required to, but may, solicit formal bids to lease land, structures, or other premises on the airport on an optional basis, pursuant to the terms, procedures, and conditions set forth by the city in the bid package.

• D. Notwithstanding the foregoing, a lease of land, structures, or other premises on the airport may be awarded after negotiations with a single provider if:

  1. The city council, in its sole discretion, authorizes the negotiation of the lease with a single provider and also authorizes or approves the execution of the lease; or

  2. The director, when executing leases on behalf of the city pursuant to Section 25.08.1340 below, makes a determination that the land, structure, or other premises to be leased is limited as to its potential uses or as to the revenues which could be generated by the lease, such that the city would not benefit from solicitations of proposals; or

  3. The director, when executing leases on behalf of the city pursuant to Section 25.08.1340 below, makes a determination that the services to be provided by the tenant to airport users or the general public are patented, unique, or available only from one (1) provider.

(Ords. 25529, 28017.)

The city may issue licenses which grant to the licensee personal permission for the use of airport land, structures, or other premises in the conducting of commercial activity at the airport. Such license agreements shall not be deemed to grant property interests in the areas which the licensee is authorized to use or occupy and may, at the discretion of the city, be nonassignable and terminable at will.

(Ord. 25529.)

• A. In addition to such other authority as may be specifically provided elsewhere in this title, the

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director is hereby authorized to execute, on behalf of the city, any lease or license agreement of land, structures, or other premises on the airport if:

1. The total monetary value received by the city from such lease or license agreement does not exceed two hundred fifty thousand dollars ($250,000.00); or

2. The term of such lease or license agreement where the total monetary value received by the city exceeds two hundred fifty thousand dollars ($250,000.00) is for three (3) years or less, including the term of any extensions or renewals of such lease or license agreement for which either the city or the tenant or licensee has the option or right to renew under the terms of the lease or license agreement.

• B. Lease or license agreements shall be approved as to form by the office of the city attorney prior to execution by the director.

• C. The city council shall approve the execution of any lease or license agreement required pursuant to this section if the total monetary value received by the city exceeds two hundred fifty thousand dollars ($250,000.00) and the term of the lease or license agreement is greater than three (3) years.

• D. The city council shall also approve the execution of amendments to extend the term of any lease or license agreement required by this section on behalf of the city beyond three (3) years, if the total monetary value received by the City from such lease or license agreement from the original effective date through the extended term exceeds two hundred fifty thousand dollars ($250,000.00).

• (Ords. 25529, 28017.)

• A. Leases or licenses of land, structures, or other premises on the airport shall require the tenant to maintain liability insurance in amounts

and under terms and conditions considered necessary or desirable by the city risk manager.

• B. Such lease or licenses shall also contain such requirements concerning bonds as may be considered necessary or desirable by the city attorney.

• (Ord. 25529.)

• A. Leases or licenses of land, structures, or other premises on the airport shall contain such terms, provisions, and conditions that the city council, or the director if the director is authorized to execute the lease or license, considers necessary or desirable to protect the safety and promote the convenience of the city and the general public.

• B. Leases of land, structures, or other premises on the airport shall require the city's consent to any sublease or assignment of the lease or leased premises. The director is hereby authorized to consent to the sublease or to the assignment if the director is authorized to execute the principal lease, or if otherwise authorized to consent to the sublease or assignment by the city council. If the director is not so authorized, then the consent of the city council to such sublease or assignment shall be required.

• C. A license may provide that no assignment is permitted, or if permitted with consent, consent shall be obtained as provided in this subsection.

• (Ord. 25529.)

Notwithstanding provisions elsewhere in this title, the director is authorized to issue a revocable license for parking or storage of general aviation aircraft on airport land or premises for renewable monthly or thirty-day terms, without limitation as

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to the number of renewable monthly or thirty-day terms, or as to issuance of a subsequent license to the same licensee.

(Ord. 25529.)

Part 15

OTHER COMMERCIAL ACTIVITY - PERMITS

Sections:

• A. An airport commercial operation permit shall be obtained prior to any person, firm, organization, or other entity conducting any commercial activity not specifically addressed by or authorized pursuant to other provisions of this title.

• B. The director may issue an airport commercial operation permit upon making the following determinations:

  1. That the type of activity will contribute to the safety, efficiency or convenience of the airport management, airport users, or the general public;

  2. That the manner in which the applicant for the permit proposes to operate the activity will not substantially interfere with the safety, efficiency or convenience of the airport management, airport users, or the general public;

  3. That the proposed activity is consistent with operation of the airport for aviation purposes; and

  4. That, in the event that activity requires utilization of airport land or premises, space therefor is available consistent with the space requirements of other airport uses, and that the location of the proposed activity conforms to the most recent airport layout plan for the airport.

• (Ord. 25529.)

• A. The director may issue an airport commercial operation permit which authorizes the permittee to utilize airport land or premises to the exclusion of other airport users if:

  1. The total monetary value received by the city from such permit does not exceed two hundred fifty thousand dollars ($250,000.00); or

  2. The term of such permit where the total monetary value received by the city exceeds two hundred fifty thousand dollars ($250,000.00) is for three (3) years or less, including the term of any extensions or renewals of such permit for which either the city or the tenant or licensee has the option or right to renew under the terms of the permit.

• B. The city council shall approve the execution of any permit required pursuant to this section if the total monetary value received by the city exceeds two hundred fifty thousand dollars ($250,000.00). The city council shall also approve the execution of amendments to extend the term of any permit required by this section on behalf of the city beyond three (3) years, if the total monetary value received by the city from such permit from the original effective date through the extended term exceeds two hundred fifty thousand dollars ($250,000.00).

• C. Any permit executed as provided in this section by the director shall be approved as to form by the office of the city attorney before execution by the director.

• (Ord. 28017.)

• A. In issuing permits pursuant to this title, the director shall impose such conditions and restrictions on a permit as are reasonably necessary to protect the safety, efficiency, and convenience of the airport management, airport users, or the general public.

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• B. Each permittee shall conduct its activity in accordance with all rules, or regulations as are adopted by the director.

• (Ord. 25529.)

particular airport security, and the due process rights of an applicant or identification media holder, consistent with state or federal law.

• (Ord. 30323.)