Part 3 — FLYING CLUB PERMITS

• 25.14.310 Permit - Nonprofit operation restriction.

• 25.14.320 Permit - Issuance restriction concerning classes of membership.

• 25.14.330 Compensation of members prohibited.

• 25.14.340 Use of club aircraft by nonmembers for compensation prohibited.

• 25.14.350 Restrictions on lessors of flying club aircraft.

• 25.14.360 Permit - Insurance requirements.

• 25.14.370 Permit - Information required in application.

• 25.14.380 Permit - Issuance conditions.

• 25.14.390 Permit - Term.

• 25.14.400 Reporting of certain changes required.

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§ 25.14.360

• A. No flying club shall operate any aircraft upon the airport unless it has obtained a flying club permit as herein provided.

• B. No person shall operate any aircraft from, on or about the airport as a member of a flying club unless the flying club has obtained a flying club permit as provided in this chapter.

• (Ord. 25529.)

No flying club shall be issued a flying club permit unless it operates on a nonprofit basis so that it does not receive greater revenue than the amount necessary for the operation, maintenance, acquisition and replacement of its aircraft. (Ord. 25529.)

concerning classes of membership.

No flying club shall be issued a flying club permit unless the rights and obligations for all members within each membership class are equal and unless the sole basis for any membership classification is the differing minimum experience or license qualifications required for operation of various kinds of club aircraft. Nor shall a flying club permit be issued to a flying club if it has established differing aircraft use rates to be paid by its members unless such rate differences are based upon different kinds of club aircraft (and/or different conditions under which club aircraft are used) and unless such rates are uniformly applied to all members. (Ord. 25529.)

No flying club shall, during the term of its permit, provide compensation to any member in

exchange for performing services to the flying club (unless the member is authorized to perform such services under a lease, permit or other authorization issued or authorized to be issued by the city council) if such compensation exceeds the amount of dues and assessments that member pays the club during such time.

(Ord. 25529.)

No person who is not a member of the flying club shall use club aircraft in exchange for compensation to the club.

(Ord. 25529.)

No flying club shall be issued a flying club permit if a lessor of any aircraft used by the flying club is an officer, director, member or employee of the flying club.

(Ord. 25529.)

• A. No flying club shall be issued a flying club permit unless at the time it files an application for a flying club permit it furnished to the city risk manager a policy or policies of insurance (or a certified copy thereof issued by an insurer) which insures the club and its members against liability as follows:

  1. For operation of aircraft with less than five thousand pounds gross takeoff weight:

     • a. Personal injury (including death)one hundred thousand dollars per person, three hundred thousand dollars per occurrence;

     • b. Property damage-one hundred thousand dollars.

  2. For operation of aircraft exceeding five thousand pounds gross takeoff weight:

     • a. Personal injury (including death)two hundred fifty thousand dollars per occurrence;

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§ 25.14.360

• b. Property damage-two hundred fifty thousand dollars per occurrence.

• B. Such policy or policies shall include an endorsement that material changes or cancellation thereof shall not be effective unless written notice is given to the director of aviation not less than ten days in advance.

• (Ord. 25529.)

All applications for flying club permits shall be filed with the director on a form provided therefor. Each application shall be executed under penalty of perjury by an officer, director, manager or other authorized member or representative of the flying club. The application shall contain the following:

• A. Name and address of the flying club;

• B. Name, address and class of membership, if any, of each flying club member, officer, director, manager and constituent legal entity;

• C. A statement describing the legal form of the flying club and all agreements, written or otherwise, under which the club operates. A copy of all documents under which the club operates shall be attached to this application;

• D. A copy of the current registration certificate of each aircraft operated (or proposed to be operated) by the flying club;

• E. A statement summarizing the club's income and disbursements for the preceding calendar or fiscal year (if the club operated during any portion of the preceding calendar or fiscal year) sufficient to demonstrate that the club has operated on a nonprofit basis during such time;

• F. The insurance policy required under Section 25.14.360;

• G. Any other information specified by the director that is relevant to the compliance of the flying club and its members

with the provisions of this chapter. The director may require that the relevant records be maintained by the club according to standards specified by the city auditor;

• H. Name and address of the natural person designated by the flying club as the "responsible person" for receipt of communications regarding the flying club.

• (Ord. 25529.)

• A. Within fifteen days after receipt of an application for a flying club permit, the director shall notify the applicant, in writing, that the application is incomplete or that further information is required; unless such notification is given, the application is considered complete upon receipt.

• B. If the applicant fails to complete the application or furnish the further information within fifteen days after such notice, the application shall be deemed withdrawn.

• C. Within thirty days after receipt of a complete application and all information required by the director, the director shall issue or refuse to issue a flying club permit, and if refusing to issue a flying club permit shall notify the applicant, in writing, of the reason for refusing to issue a flying club permit.

• D. The director shall issue a flying club permit to a flying club if it appears from the application and from information provided in connection therewith that at the time when determination is made by the director to issue such a flying club permit, the flying club and each of its members is in compliance with the provisions of this chapter.

• E. The director shall refuse to issue a flying club permit if he or she determines that:

  1. The flying club or any of its members is not in compliance with any of the provisions of this chapter at the time when the determination to refuse to issue a flying club permit is made by the director; or

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AIRPORT

2. The applicant has concealed a material fact or otherwise committed fraud in the application under consideration or in any prior application for a flying club permit.

(Ord. 25529.)

interest; neither such permit nor the right to conduct any operation thereunder may be sold, assigned, transferred, encumbered, leased, franchised, or otherwise disposed of by the holder or by any member thereof.

(Ord. 25529.)

A flying club permit shall be effective (unless earlier terminated under this title) from the date of its issuance until the end of the fifth month after the termination of the club's accounting year (computed on a fiscal or calendar year basis) during which the permit is issued. The permit shall state the effective period thereon. (Ord. 25529.)

• A. Each flying club permit holder shall file with the director a declaration under penalty of perjury setting forth information relating to the following changes within thirty days after such changes occur:

  1. Each change in members, officers, directors, general managers or constituent legal entities;

  2. Each change in name or address of the responsible person designated in the application for the club's permit;

  3. Each change in the agreements or practices under which the club operated;

  4. The acquisition, transfer or disposition of any aircraft;

  5. Each change in the insurance required under this title.

• B. A flying club permit holder shall furnish to the director, within thirty days after receipt of a request therefor, any information specified by the director which is relevant to the compliance of the flying club and its members with the provisions of this title.

• (Ord. 25529.)

Each flying club permit is personal to the permit holder and does not constitute a proprietary

The director may suspend, revoke, modify or restrict any flying club permit if he or she finds that:

• A. There exists any act, fact or condition which, if it had existed when the permit was granted, would have warranted refusal to issue the permit; or

• B. The flying club or any of its members has failed or refused at any time to provide information requested by the director which is relevant to the compliance by the flying club or its members with the provisions of this chapter; or

• C. Upon request of the holder of the permit, in which case the director may revoke the permit without further notice or hearing.

• (Ord. 25529.)

Appeals of the denial, suspension or revocation of a flying club permit shall be conducted in accordance with Part 3 of Chapter 25.10 of this title.

• (Ord. 25529.)