ARTICLE IV. LICENSING OF AIRPORT BUSINESSES1
3-51 Requirements of license.
No person, partnership, corporation or association shall conduct business at the Burlington International Airport without first obtaining a license therefor from the board of airport commissioners of the city in accordance with the provisions set forth in these rules and regulations.
(Ord. of 5-11-92, § 1)
3-52 Definitions.
(a) For the purpose of these rules and regulations, the phrase "conduct business at the Burlington International Airport" shall mean such business of the person, partnership, corporation or association that is part of its corporate purpose and arises or grows out of contact or activity at or within the limits of the Burlington International Airport. A person, partnership, corporation or association shall be deemed to have conducted business at the Burlington International Airport under any one of the following circumstances:
(1) Solicitation of business at the Burlington International Airport;
(2) Utilization of the Burlington International Airport or any portion or facility thereof or space therein for commercial purposes;
(3) Supplying of services at the Burlington International Airport; or
(4) Any activity directed to users of the Burlington International Airport undertaken for profit or personal gain.
(b) Notwithstanding the provisions hereof, these rules and regulations shall not apply to a person, partnership, corporation or association which is licensed and regulated under the Ground Transportation Rules and Regulations for the Burlington International Airport, or transient aircraft operating under an approved Federal Aviation Administration certificate.
(Ord. of 5-11-92, § 2)
3-53 Applications for operating license.
Any person, partnership, corporation or association desiring a license to conduct business on or within the Burlington International Airport shall make application to the director of aviation upon a form provided by the director and shall pay an annual license fee as provided hereunder at the time of making the application. The applicant shall furnish the following information with each application, which shall be sworn to before a notary public:
(1) Name and form of business and, if a corporation, the state under which it is incorporated;
(2) The address of the applicant; the mailing address of the applicant; and the person and address to whom the applicant desires the Burlington International Airport to direct all correspondence;
(3) Agent for service of legal process;
(4) Proof of a valid written franchise agreement, lease agreement or operating agreement with the city for operations at the Burlington International Airport;
(5) The purpose or purposes of the person, partnership, corporation or association which it proposes to pursue in the transaction of business at the Burlington International Airport;
(6) A statement that the business is not in default of any lease agreement, franchise agreement or other agreement that it may have with the city; and
(7) Any other information that the director of aviation deems necessary to properly identify the owners and purposes of the business.
(Ord. of 5-11-92, § 3)
3-54 Operating license fees.
The annual operating license fee for each person, partnership, corporation or firm that conducts business at the Burlington International Airport shall be fixed at one hundred dollars ($100.00) per year.
(Ord. of 5-11-92, § 4)
3-55 Conditions for issuance.
(a) No operating license shall be issued or renewal of an issued license be granted if the applicant is deemed by the board of airport commissioners to be in default under the terms of any franchise agreement, lease agreement, operating agreement or any other agreement between the applicant and the city.
(b) When all the above conditions have been complied with by the applicant the director of aviation shall issue such license upon payment of the license fee required under section 3-54 above.
(Ord. of 5-11-92, § 5)
3-56 Violations.
Any person, partnership, corporation or association violating the provisions of these rules and regulations shall be punished by a fine of two hundred dollars ($200.00) for each day of the violation and shall be subject to additional punishment and enforcement provisions in accordance with section 1-9 of this Code of Ordinances.
(Ord. of 5-11-92, § 6)
3-57 Suspension and revocation.
The director of aviation may revoke, or suspend temporarily, any license granted under the provisions of this article whenever it shall be determined that the holder of such license has violated any rule or regulation of the board of airport commissioners or of any federal, state or local law or ordinance; has made any false statement in the application for such license; is in default of any terms of any franchise agreement, lease agreement, operating agreement or other agreement relative to its activities at the Burlington International Airport; or is otherwise in violation of any of the conditions of the license. Prior to any revocation or suspension, the director of aviation shall notify in writing such licensee that there appears to be grounds for the revocation or suspension of such license and shall further notify the licensee that he/she may, within a period of seven (7) days, present any defense he/she may have to the proposed suspension or revocation of such license. Notice shall set forth the grounds upon which the proposed revocation or suspension is predicated. An administrative hearing before the director of aviation at which any party may be represented by counsel, secure the attendance and production of witnesses or exhibits and present evidence shall be held if such hearing is requested by the licensee within the seven-day period provided above. The licensee shall be sent notice of the decision of the director of aviation by certified mail. Failure to receive notification will not invalidate a cancellation if mailed to the address shown on the license application.
(Ord. of 5-11-92, § 7)
Editor’s note—The provisions enacted by this ordinance of May 11, 1992, were not specifically amendatory of the Code; hence, codification herein as Art. IV to Ch. 3 has been at the editor’s discretion.
Cross reference—Licenses generally, Ch. 19.