San Jose Municipal Code Part 1 Application Procedures

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.)

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.)

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.)