Title 17 . Transportation and Public Facilities

Chapter 42 . Miscellaneous Provisions

Section 105. Business activity permit

17 AAC 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 engaging in any of the following on an airport:

(1) repealed 10/20/2002;

(2) an aircraft maintenance or repair business;

(3) a business that performs aircraft ground handling services;

(4) a commercial fueling service;

(5) a valet parking service or airport parking service;

(6) tour reception in a department-operated terminal building;

(7) catering for in-flight meals;

(8) a mobile food service business;

(9) selling, offering for sale, or providing goods or services commercially to the general public in a department-operated terminal building or airport parking area, including use of terminal space for distribution of pre-ordered merchandise.

(b) 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;

(2) a list of vehicles that the applicant proposes to operate on the airport under the business activity; the list must include the year, make, model, license plate number and issuing state, and serial number for each vehicle; and

(3) 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 use would interfere with or is otherwise incompatible with the security, safety, maintenance, or operation of the airport;

(3) the proposed use would violate applicable law, the state's obligations under revenue bonds issued under AS 37.15.410 - 37.15.550, an exclusive right the department has granted to another person, a covenant running with the airport land, or an applicable FAA grant assurance adopted by reference under 17 AAC 42.010(d) ;

(4) the proposed use would result in a violation of applicable law; or

(5) the proposed use 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 such evidence of insurance coverage for the permittee's operations on the airport as the airport manager determines appropriate under 17 AAC 42.410(b) (15), considering the nature and scope of the permittee's activities.

(h) A business activity permittee may not operate a vehicle on the airport under a business activity subject to this section unless the vehicle is listed on the permit and displays the identification described in this subsection. For each calendar year and each vehicle listed on the permit, a permittee shall, upon payment of any applicable fee established under 17 AAC 42.125, obtain from the airport manager a sticker or other form of identification designated by the manager. The manager shall mail or deliver identification for a vehicle only to a person who has a permit at the airport, has paid any applicable fee, and has submitted the information required under (b)(2) of this section for that calendar year. A business activity permittee shall maintain affixed to each vehicle the current year's identification that the manager has issued for that vehicle.

(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 and invalidate all vehicle identification issued to the permittee 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.

History: Eff. 1/14/2001, Register 157; am 10/20/2002, Register 164; am 11/1/2003, Register 168

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