Section 17.42.105. Business activity permit.

	(a)  Unless a lease, permit, or concession expressly authorizes the person to operate the business, a person must hold a current business activity permit issued under this section before selling, offering for sale, or providing goods or services commercially anywhere on an airport regardless of duration of the activity.  
	(b)  To obtain authorization to conduct a business for which this section requires a business activity permit, a person must submit an application for a business activity permit in writing to the airport manager and must include  
		(1) a description of the services and operations the applicant proposes to conduct under the business activity permit; and   
		(2) the application fee established under 17 AAC 42.125.  
	(c)  The airport manager shall approve an application for a business activity permit unless the manager determines that  
		(1) approval must be denied under 17 AAC 42.010(g);  
		(2) the proposed activity would interfere with or is otherwise incompatible with the security, safety, maintenance, or operation of the airport;  
		(3) the proposed activity is not allowed under or would result in a violation of;  
			(A) applicable law;  
			(B) an applicable FAA grant assurance adopted by reference under 17 AAC 42.010(d);  
			(C) the state's obligations under revenue bonds issued under AS 37.15.410 - 37.15.550;  
			(D) an exclusive right the department has granted to another person; or  
			(E) a covenant running with the airport land; or  
		(4) the proposed activity is inconsistent with sound airport planning.  
	(d)  A decision by the airport manager to deny an application for a business activity permit must be in writing.  
	(e)  A business activity permit is not transferable and may not exceed a term of five years.  
	(f)  A business activity permittee shall pay the applicable fee established under 17 AAC 42.125.  
	(g)  A business activity permittee shall provide evidence of insurance coverage that fully satisfies any insurance requirement that the airport manager establishes for the permit under the applicable provisions of 17 AAC 42.410(b)(15) for the permittee's operations on the airport, considering the nature and scope of the permittee's activities.  
	(h)  Repealed 1/17/2016.  
	(i)  A business activity permittee operating a vehicle on airport property shall keep the vehicle in safe operating condition. The airport manager shall order a permittee to remove from service any permittee vehicle that the manager determines to be unsafe or otherwise in violation of this section.  
	(j)  A business activity permittee may park and operate a vehicle in conjunction with a business activity subject to this section only in an area that the airport manager has designated for that purpose.  
	(k)  A business activity permittee may cancel a business activity permit and cease operations at the airport at any time on written notice to the airport manager.  
	(l)  The airport manager shall, after written notice to the business activity permittee, cancel a business activity permit if the manager determines that the permittee  
		(1) is not in compliance with the permit and has not corrected the noncompliance within 10 days after receipt of the notice; or  
		(2) has ceased operations on the airport.  
	(m)  Cancellation of a business activity permit by the airport manager must be in writing and state the reasons for the cancellation.  
	(n)  An applicant or business activity permittee may protest the airport manager's decision to deny an application or cancel a business activity permit in accordance with 17 AAC 42.910.  
	(o)  For purposes of this section, an activity is conducted on an airport if the activity, including any transportation offered  or arranged by the operator of the activity,   
		(1) is conducted all or in part within the airport boundary; or  
		(2) derives business from an airport and offers or arranges for transportation between an off-airport location and a location on the airport.  

Authorities

02.15.010;02.15.020;02.15.060;02.15.090;02.15.220;02.15.230;37.15.500;37.15.540

Notes

Reference

17 AAC 42.200
17 AAC 42.400
17 AAC 42.620
17 AAC 42.820

Authority

AS 02.15.010 AS 02.15.020 AS 02.15.060 AS 02.15.090 AS 02.15.220 AS 02.15.230 AS 37.15.500 AS 37.15.540

History

Eff. 1/14/2001, Register 157; am 10/20/2002, Register 164; am 11/1/2003, Register 168; am 1/17/2016, Register 217