San Jose Municipal Code Part 15 Other Commercial Activity - Permits

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.

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

(Ord. 25529.)