Chapter 25.10

PERMIT PROCEDURES

Parts:

• 1 Application Procedures

• 3 Hearing and Appeal Procedures

Part 1

APPLICATION PROCEDURES

Sections:

• 25.10.020 Permits - Fees and charges.

• 25.10.030 Grounds for denials, suspensions, or revocations.

• 25.10.040 Denials, suspensions or revocations.

• 25.10.050 Chief of police.

• A. All permits required by this title shall be subject to the procedures of this chapter unless different procedures are specified under another chapter of this title for a specific permit.

• B. All applications for permits shall be accompanied by the applicable fee as set forth in the schedule of fees established by resolution of the city council.

• C. All applications for permits shall be accompanied by the information and documentation necessary for the director to conduct an investigation and make the determinations required by Section 25.10.030.

• (Ords. 25529, 29149.)

No permit issued under this title shall be valid until the applicant for the permit has paid such fees and charges as are imposed or established by resolution of the city council. (Ord. 25529.)

T25:52

AIRPORT

§ 25.10.040

• A. Upon receiving the completed application and fees under Section 25.10.010 and conducting an investigation, the director may deny, suspend, or revoke a permit for any of the following grounds:

  1. The application or supporting documentation is illegible;

  2. The person has knowingly made false statements on the application or has otherwise knowingly provided false information to the airport or the city;

  3. The person has been convicted of a crime substantially related to the qualifications, functions or duties associated with the commercial activity for which the permit is issued;

  4. The person has been convicted of a felony within the previous five years;

  5. Space is not reasonably available for the conducting of the commercial activity, or the location of the proposed activity does not conform to the most recent airport layout plan;

  6. The person has not paid all fees, charges and taxes required to be paid to city in order to conduct the commercial activity at the airport;

  7. The person does not possess or has not maintained all current and valid certifications, licenses, federal, state or local government approvals or other authorizations necessary in order to engage in the commercial activity at the airport;

  8. The person does not furnish or has not maintained all insurance, bonds or other form of security as may be required pursuant to this title or as set forth in the permit;

  9. The commercial activity does not have an aviation-related purpose, and/or does not promote public health, safety, welfare and convenience of the users of the airport or the general public;

10. The person has had an airport permit or other authorization to conduct commercial activity at the airport suspended or revoked within the three years preceding the date of the current application;

11. The person has previously been denied a permit or other authorization to conduct commercial activity at the airport within the sixty days preceding the date of the application for a permit;

12. The person has failed to conform to the requirements of this title, or the terms and provisions of the permit or other authorization to conduct commercial activity at the airport, or airport rules and regulations pertaining to the permittee's operations at the airport, or applicable federal, state or city laws;

13. The public's health, safety, welfare or convenience has been or would be adversely affected by such person's activities;

14. The business and credit history of such person demonstrates a lack of financial responsibility.

(Ords. 25529, 29149.)

In making a determination denying, suspending or revoking a permit, the director shall take into consideration:

• A. The nature of the conduct constituting the grounds for denial, revocation or suspension;

• B. The duration of the conduct constituting the grounds for denial, revocation or suspension;

• C. The number of instances of violations involved, and whether or not the violations are part of a pattern of violations or conduct;

• D. Whether the violations were deliberate or inadvertent; and

• E. The degree of injury to any person, including the city, either financial or physical, caused by the violation.

• (Ord. 25529.)

T25:53

SAN JOSÉ CODE

§ 25.10.050

The chief of police is authorized to conduct a criminal background investigation of any person applying or holding a permit issued under this title, and of any person driving any vehicle of a ground transportation provider on the airport. (Ord. 25529.)

Part 3

HEARING AND APPEAL PROCEDURES

Sections:

25.10.310 Director - Hearing.

• 25.10.320 Decision of the director.

25.10.340 Decision of the airport commission.

• A. Upon determining the existence of any of the grounds for denial, suspension or revocation of a permit in accordance with Section 25.10.030 above, the director shall issue a written notice of decision to deny, revoke, or suspend the permit.

• B. The notice of decision shall state all the grounds and reasons upon which the denial, suspension or revocation is based.

• C. The notice of Decision shall be mailed to the applicant, or permittee at the address stated on the application, or permit or such other address as is on file or record with director. Alternatively, the notice of decision may be delivered personally to the applicant, or permittee or to the address given in the application, or permit.

• D. The notice of decision shall advise that the denial, suspension or revocation shall become final unless the applicant, or permittee files a written request for hearing before the director within the time period specified in Section 25.10.310.

• E. If such written request for hearing is not filed within the time permitted, the denial, suspension or revocation set forth in the notice of decision shall become final upon the expiration of the last day to file the written request for hearing.

• (Ord. 25529.)

• A. A written request for a hearing before the director must be received by the director within fourteen calendar days of the date the notice of decision was mailed or delivered personally to the applicant or permittee.

• B. The director shall schedule a hearing which shall be held as soon as reasonably possible after receipt of a timely request for hearing.

• C. The notice of hearing shall be mailed or delivered personally to the applicant, or permittee not later than seven calendar days prior to the scheduled date of the hearing.

• D. At the hearing, the applicant, or permittee may provide any relevant evidence or testimony. The hearing will be conducted informally and the technical rules of evidence shall not apply.

• E. The applicant or permittee may be represented by another person.

• F. Issuance of a written notice of cancellation by an insurance company shall be prima facie proof at the hearing of the effective cancellation of an insurance policy.

• (Ord. 25529.)

• A. After closing the hearing, the director shall render a decision sustaining, reversing or modifying the decision to deny, suspend or revoke the permit.

• B. A written decision shall be mailed or delivered personally to the applicant or permittee.

• (Ord. 25529.)

• A. The applicant or permittee may file an appeal of the written decision of the director with the airport commission.

T25:54

AIRPORT

§ 25.11.100

• B. The appeal shall be made by filing a notice thereof with the secretary of the airport commission within ten days of the date of the written decision of the director.

• C. The notice of appeal shall set forth the specific grounds for the appeal.

• D. The hearing before the airport commission shall be heard within a reasonable time thereafter, which time of hearing shall not be sooner than fifteen days nor later than sixty days from the date that notice of appeal is filed by applicant or permittee; provided, however, that the time of hearing may be extended upon good cause appearing therefor.

• E. The hearing before the airport commission shall be de novo. At the hearing, the director and the applicant or permittee may provide any relevant evidence or testimony. The hearing will be conducted informally and the technical rules of evidence shall not apply.

• F. The applicant or permittee may be represented by another person.

• G. If no appeal is filed within the time permitted in accordance with the provisions of this section and otherwise in compliance with the terms of this section, the decision of the director shall be final.

• (Ord. 25529.)

• A. After closing the hearing, the airport commission shall render a decision sustaining, reversing or modifying the decision of the director.

• B. A written determination of appeal shall be mailed or delivered personally to the applicant or permittee at the address stated in the application or permit.

• (Ord. 25529.)