17 AAC 42.205. Competitive offering of a lease, permit, concession, or other interest

(a) Except as provided in (b) and (c) of this section, the airport manager shall competitively offer a lease, permit, concession, or other interest to the public if

(1) the manager receives more than one approvable application for the same property or interest and same class of use before providing public notice under 17 AAC 42.215(d) with respect to the property or interest

(2) the manager receives more than one approvable application for the same property or interest and same class of use by the date set under 17 AAC 42.215(d) if the manager provided public notice under 17 AAC 42.215(d) ;

(3) the manager determines that it is in the best interest of the state to offer the interest competitively;

(4) the lease, permit, concession, or other interest includes a grant of an exclusive right; or

(5) applicable law requires that the interest be offered competitively.

(b) Unless otherwise required by law, before the expiration of a land lease or the termination of a land lease in holdover, a lessee other than a government agency may apply for a new lease for that land or for an extension of the existing lease without competition under AS 02.15.090 (c) if the applicant

(1) submits an application under 17 AAC 42.210 for the same land and substantially the same use as stated in the existing lease; and

(2) submits the application to the airport manager before the later of the date that the lease expires or the date any holdover status of the lease ends.

(c) For the sale and delivery of in-bond merchandise, the airport manager shall competitively offer an exclusive contract under AS 02.15.091 .

(d) A permit, concession, or building lease is not a land lease that qualifies the holder for preferential consideration for a new lease or lease term extension under AS 02.15.090 (c).

History: Eff. 1/14/2001, Register 157

Authority: AS 02.15.020

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