5.40.060 Commercial Operations – Minimum Standards.
A. Business Activities. Subject to applicable orders, certificates, or permits of the Federal Aviation Administration, or its successors, no person shall use the Pierce County Airports or any portion thereof, or any of its improvements or facilities for revenue-producing commercial business or aeronautical activities or conduct flying clubs, who has not first complied with this Chapter and the AR&R, and obtained the consent and all appropriate permit and licenses for such activities from Pierce County, and all other applicable agencies, and entered into such written leases and other agreements prescribed by this Chapter and agreed upon by the Tenant. Applications shall be approved by the Executive and submitted to the Pierce County Council for approval when required by law or County Charter.
B. Application.
1. Application for leases of ground and/or facilities on the Pierce County Airports or for permission to carry on any commercial business or aeronautical activity on the Pierce County Airports, with the necessary permits and licenses, shall be made to the Director, on the appropriate forms provided. The Director shall present the application to the Executive in a timely manner. The Executive may, if deemed advisable, hold an ad hoc advisory hearing upon the application. The applicant shall submit all information and material necessary, or as requested by the Director to establish to Pierce County's satisfaction that the applicant will qualify and will comply with this Chapter. The application shall be signed and submitted by every party owning an interest in the business, those who will be managing the business, a general partner of a partnership, and in the case of a corporation, shall be accompanied by a current resolution of the board of directors authorizing and directing the corporation's agent to submit such an application.
2. Minimum Application Information. Pierce County will not accept or take action on a request to lease building space or land area or in any way permit the installation of a commercial activity until after the applicant submits a written proposal, which sets forth the scope of operation proposed, including the following:
a. The amount of land the applicant desires to lease.
b. The building space to be constructed or leased.
c. The services to be offered.
d. The hours of proposed operation.
e. The number of persons to be employed.
f. The number of aircraft to be based at the Pierce County Airports.
g. Certificate of insurance or other satisfactory evidence indicating the ability to obtain coverages as required.
h. Evidence of financial capability to perform and provide the above services and facilities for a minimum of one year. Pierce County shall be the sole judge of what constitutes adequate financial capability, and if inadequate financial capability is found, Pierce County shall explain that finding to the applicant.
C. Action on Application. Pierce County may deny any application if, in its sole opinion, it finds any one or more of the following:
1. Not Qualified. The applicant for any reason does not meet the qualifications, standards, and requirements established by this Chapter.
2. Safety Hazard. The applicant's proposed operations or construction will create a safety hazard at the Pierce County Airports.
3. County Expenditure. Granting of the application will require Pierce County to spend funds or to supply labor or materials in connection with the proposed operations, to an extent or at a time when Pierce County is unwilling to enter into such arrangement, or the operation will result in a financial loss to Pierce County.
4. Availability. There is no appropriate, adequate, or available space or building on the Pierce County Airports to accommodate the entire activity of the applicant at the time of the application.
5. Non-Compliance with Master Plan. The proposed operation or airport development or construction is inconsistent with the Master Plans for the Pierce County Airports.
6. Congestion. The development or use of the area requested by the applicant will result in depriving existing Tenants portions of the area in which they are operating; or will result in a congestion of aircraft or buildings; or will result in unduly interfering with the operations of any existing Tenants on the Pierce County Airports through problems in connection with aircraft traffic or service, or preventing free access to a Tenant's area or to the operation of the Pierce County Airports.
7. Misrepresentation. Any applicant that has supplied Pierce County with any false information or has misrepresented any material fact in the application or supporting documents.
8. History of Violations. Any applicant that has a record of violating the AR&R, or the rules and regulations of any other airport, Federal Aviation Regulations, or any other rules and regulations applicable to the Pierce County Airports.
9. Defaulted Performance. Any applicant that has defaulted in the performance of any lease or other agreement with Pierce County.
10. Poor Credit Report. Any applicant that has a credit report which contains derogatory information and does not appear to be a person of satisfactory business responsibility and reputation.
11. Undesirable Reputation. Any applicant that has been convicted of any crime or violation of any ordinance of such a nature that it indicates to Pierce County that the applicant would not be a desirable operator on the Pierce County Airports.
12. Other Considerations. The protection of the health, welfare, safety, or morals of the inhabitants of Pierce County require such denial.
Pierce County shall not discriminate, nor allow its agents or employees to discriminate, against any applicant by reason of the applicant's race, color, creed, or national origin in processing the application request in any manner prohibited by Part 15 of the Federal Aviation Administration Regulations, or in any manner prohibited by Title VI of the Civil Rights Act of 1964.
Nothing contained herein shall be construed to prohibit Pierce County from granting or denying, for any reason deemed sufficient, an application to do business on the Pierce County Airports for the purpose of selling, furnishing, or establishing non-aviation products and supplies or any service or business of a non-aeronautical nature, or the application by a person for an area on the Pierce County Airports for the personal non-profit use of such person.
D. Supporting Documents. If requested by Pierce County, the applicant shall submit the following supporting documents, together with other documents and information as may be required by Pierce County:
1. Financial Statement. A current financial statement prepared or certified by a certified public accountant.
2. Assets. A written listing of the assets owned or being purchased which will be used in the business on the Pierce County Airports.
3. Credit Report. A current credit report covering all areas in which the applicant has done business during the past 10 years.
4. Authorization for Release of Information. A written authorization for the Federal Aviation Administration and all states in which the applicant has engaged in aviation business to supply Pierce County with all information in their files relating to the applicant or his operation. The applicant shall execute such forms, releases, and discharges as may be requested by any of these agencies.