§ 7-157. Minimum standards for commercial activities.

(a)

No operator shall engage in the following commercial activities without complying with the following minimum standards for said activity:

(1)

Aircraft sales:

a.

Facilities. Suitable office space on airport property shall be maintained and said space shall be serviced by a telephone. The operator shall also maintain a display area of 1,000 square feet on airport property. The office space shall not be located more than 200 feet from public restroom facilities.

b.

Personnel. The operation shall employ a minimum of one commercial pilot, certified by the FAA, who is current with ratings appropriate for the category and class of aircraft to be demonstrated.

c.

Dealerships. The operator is free to choose whether or not he or she will be an authorized factory dealer and what manufacturer he or she represents.

d.

Aircraft. A new aircraft dealer shall have available, or on call, at least one current model demonstrator and provide for demonstrations of additional models of the manufacturer for which a dealership is held. A dealer of used aircraft shall maintain a current listing of all aircraft available for sale, whether owned by the operator, or acting as broker, and provide for demonstration of such aircraft as deemed necessary.

(2)

Airframe and power plant repair:

a.

Facilities. The operator shall maintain hangar floor space of at least 5,000 square feet on airport property. Suitable office space on airport property shall be maintained and said office space shall be serviced by a telephone. The office space shall not be located more than 200 feet from public restroom facilities.

b.

Services. The operator shall maintain facilities and staff that are authorized by the FAA to perform aircraft inspections and repairs. Any aircraft undergoing repair and not airworthy for more than 30 days shall be parked inside a hangar or screened from public view. Aircraft shall not be stored outdoors for salvage operations.

c.

Personnel. The operator shall employ at least one full-time employee with an inspection authorization certificate issued under the applicable FAR.

d.

Equipment. The operator shall maintain sufficient equipment, supplies, and documentation to meet the requirements of the applicable FAR. In addition, the operator shall maintain equipment capable of removing disabled aircraft (12,500 pounds maximum gross weight) from airport property. This equipment shall be available on airport property within one hour after notification for the purpose of runway clearing.

e.

Hours of operation. At a minimum, the business shall operate eight hours a day, five days a week, 52 weeks per year, excluding holidays observed by the City of Manhattan. The hours of operation shall be posted in a location that is clearly visible to the general public.

(3)

Aircraft rental:

a.

Facilities. Permanently assigned tie-down or hangar area for rental aircraft used by the business shall be maintained by the operator. Suitable office space on airport property shall also be maintained and said office space shall be serviced by a telephone.

b.

Aircraft. The operator shall maintain at least one airworthy single-engine or multi-engine aircraft which is either owned by, or leased in writing to the operator. The aircraft shall be registered with the airport director along with proof of ownership or lease.

c.

Personnel. At least one current certified flight instructor with appropriate ratings for the category and class of the aircraft to be rented shall be employed by the operation.

d.

Hours of operation. At a minimum, the business shall operate eight hours a day, five days a week, 52 weeks per year, excluding holidays observed by the City of Manhattan. The hours of operation shall be posted in a location clearly visible to the general public.

(4)

Flight instruction. All commercial activities providing flight instruction in excess of 600 logged hours annually, shall comply with the following minimum standards. Flight instruction provided under the sponsorship of a flying club shall not be used in calculating a commercial activity's annual hours of loggable flight instruction.

a.

Facilities. Permanently assigned tie-down or hangar storage area for the flight school aircraft shall be maintained. The operator shall secure the use of office space serviced by a telephone on airport property. The office space shall not be located more than 200 feet from public restroom facilities.

b.

Personnel. At a minimum, the operation shall employ one current certified flight instructor, with appropriate ratings for the category and class of the aircraft used to provide instruction.

c.

Aircraft. The operator shall maintain at least one airworthy, properly equipped, single-engine or multi-engine aircraft, owned by or leased in writing to the operator to conduct flight training. The aircraft shall be registered with the airport director along with proof of ownership or lease.

d.

Services. All flight instruction shall strictly adhere to the requirements of the applicable FAR depending on the certification level of the operation.

e.

Hours of operation. At a minimum, the business shall operate eight hours a day, five days a week, 52 weeks per year, excluding holidays observed by the City of Manhattan.

(5)

Specialized aviation services. Any operator providing one or more of the following services: aircraft painting, aircraft upholstery, aircraft propeller service, aircraft engine component overhaul, helicopter repair, aircraft instrument repair, or avionics, shall be certified as a repair station by the FAA and shall meet the following minimum requirements:

a.

Facilities. A maintenance hanger with at least 2,000 square feet shall be maintained. Office space located on airport property and serviced by a telephone shall also be maintained. The office space shall not be located more than 200 feet from public restroom facilities.

b.

Personnel. The operator shall employ the minimum number of employees as is required in the repair station certificate.

c.

Equipment. The operator shall maintain the equipment necessary to perform the services offered under the terms of the repair station certificate.

d.

Hours of operation. At a minimum, the business shall operate eight hours a day, five days a week, 52 weeks per year, excluding holidays observed by the City of Manhattan. The hours of operation shall be posted in a location that is clearly visible to the general public.

(6)

Aerial agricultural chemical application. The loading of aircraft with chemicals used for agricultural purposes shall not be permitted at the airport. The operator shall not store any chemicals which are intended for agricultural purposes or aircraft containing such chemicals at the airport. An operator shall not operate an aircraft at the airport if it contains any agricultural chemicals.

(7)

Air taxi/air charter. All operators regularly engaged in the business of carrying persons or property for compensation or hire, shall comply with the following minimum standards:

a.

Facilities. Suitable office space shall be maintained on airport property and be serviced by a telephone. The office space shall not be located more than 200 feet from public restroom facilities. A sheltered waiting area that will accommodate the passenger load for the largest type of aircraft operated by the business shall also be maintained. The waiting area shall be located within 500 feet of a public telephone. The service shall maintain a loading ramp within 500 feet of the waiting room that accommodates the turning radius plus 25-foot wing tip clearance for the largest type aircraft operated by the business.

b.

Personnel. A minimum of one commercial rated pilot, certified by the FAA and appropriately rated to conduct the service offered under the applicable FAR, shall be employed by the service.

c.

Operator. The operator shall be certified by the FAA and shall be registered with the U.S. Department of Transportation in accordance with the applicable Federal Air Regulations.

d.

Aircraft. A minimum of one aircraft shall be required. All aircraft shall be owned by the operator or leased in writing to the operator. All aircraft shall be airworthy and meet all the requirements of the certificate holder. All aircraft shall be registered with the airport director prior to operation along with proof of ownership or lease.

e.

Equipment. Adequate ground handling equipment for the largest type of aircraft utilized by the operator shall be provided by the business. Exceptions to this requirement will be approved on a case-by-case basis by the airport director.

f.

Hours of operation. At a minimum, the business shall operate eight hours a day, five days a week, 52 weeks per year, excluding holidays observed by the City of Manhattan. A sign indicating the hours of operation shall be posted in a location clearly visible to the general public.

(8)

Commercial aviation fuels dispensing service: All operators providing commercial aviation fuel dispensing services shall meet the following requirements:

a.

Business facilities.

i.

The operator shall maintain business facilities on airport property, and a telephone and restrooms shall service the office space. The office space shall include a pilot lounge and flight planning area.

ii.

Signage shall be provided by the operator indicating the location and proper use of the services provided by the operator.

b.

Personnel.

i.

A minimum of one properly trained person shall be employed and on duty at the business facility during all hours of operation as required by subparagraph d. below.

ii.

The operator shall comply with all applicable laws, rules, ordinances, and statutes including but not limited to Federal Aviation Administration Advisory Circular 150/5230-4 regarding personnel training.

c.

Services.

i.

The operator shall provide services to all customers without regard to type of aircraft, aircraft owner, or the amount of fuel ordered.

ii.

Operators providing commercial aviation fuels dispensing services shall be categorized as either a "full service" operator or a "self service" operator. Full service operators may provide any or all of the following services: aircraft fueling, equipment by which aircraft users can self-fuel their aircraft, aircraft parking, aircraft tie-down, placement of aircraft in hangars, aircraft cleaning, and ground transportation for flight crews and passengers. Self-service operators shall be limited to providing equipment by which aircraft users can self-fuel their aircraft. Self-service operators shall not be permitted to assist aircraft users in the fueling of their aircraft. Any operator providing self-fueling aviation fuels dispensing equipment shall also provide all fire extinguishers and other equipment necessary for the user of such self-fueling aviation fuels dispensing equipment to comply with section 7-127(a), and shall also provide, and maintain, adequate instructions, clearly visible, on such equipment to require the user to comply with the specific provisions of Federal Aviation Administration Advisory Circular 150/5230-4.

d.

Hours of operation.

i.

The business facilities shall operate at least eight hours a day, five days a week.

ii.

Self-service fuels dispensing equipment, if provided, shall be available 24 hours daily.

iii.

In order to be considered a full service operator, the business facilities shall operate at least 15 hours a day, seven days a week.

e.

Operating safety requirements. All fuels storage and dispensing equipment shall be properly maintained, operated, permitted, and equipped in accordance with applicable procedures and guidelines contained in FAA Advisory Circulars and Orders; National Fire Protection Association publications; American Petroleum Institute publications; and all local, city, and state statutes, codes, regulations and ordinances.

f.

Fuel facilities.

i.

For the purposes of this section, the following terms shall be defined as follows:

Bulk storage is the temporary storage of aviation fuels in approved containers prior to the transfer of aviation fuels into mobile aviation fuels dispensing equipment.

Mobile aviation fuels dispensing equipment is an approved tank vehicle designed for and employed in the transportation and transfer of fuel into or from an aircraft.

Fixed aviation fuels dispensing equipment is an approved arrangement of fuel storage tank, pumps, piping, and associated equipment, such as filters, water separators, hydrants, cabinets, and pits designed to service aircraft at fixed positions.

ii.

The operator shall supply at least two of the following aviation fuels: Jet Fuel, AVGAS, or MOGAS. All aviation fuel sold by the operator on Airport property except MOGAS, shall be stored in bulk at the airport fuel farm. The operator shall participate in the installation of fuel tanks exclusively for his or her use.

iii.

Aviation fuels dispensing equipment may be fixed or mobile. All aviation fuels dispensing equipment, prior to entering airport property, shall be registered with the airport director and shall comply with all federal, state and local laws, and permitting procedures.

iv.

Bulk storage tank capacity shall not be less than 10,000 gallons for Jet Fuel or AVGAS. Fixed aviation fuels dispensing equipment capacity shall not be less than 500 gallons nor exceed 3,000 gallons.

(9)

Multiple services. Operators that engage in more than one of the commercial activities listed in this section shall meet the standards for each function, subject to the following exceptions:

a.

Facilities may be used for multiple purposes, however, the minimum facilities requirement will be the minimum standard for the commercial activity which requires the greatest amount of facilities.

b.

Personnel may be used for more than one activity, however, the office shall, at minimum, be staffed during the posted hours of operation.

c.

The business shall maintain operating hours and days equal to or greater than the single commercial activity that requires the greater number of hours and days of operation.

d.

If the operator utilizes aircraft for multiple purposes, a minimum of two aircraft shall be required.

(b)

All operators engaged in any of the commercial activities listed in subsection (a) shall also meet the following requirements:

(1)

Each operator shall maintain liability insurance coverage for the risks of personal injury, death, and loss of use of personal property with regard to the operator's aircraft, the operator's products or completed operations, contractual liability, or the operator's business operations and services, whether or not on the operator's premises or within the operator's facilities. The insurance shall cover the operator and all additionally insured under the policy, as if a policy had been issued to each, in an amount not less than a single limit of $500,000.00 for each incident, accident, occurrence, failure to act, or an event. The policy or policies shall also name the City of Manhattan as an additional insured. No policy may exclude coverage that protects the operator and the city from damages resulting from the mishandling of, or arising from the use of hazardous materials. Each policy shall contain a provision that the policy may not be canceled, terminated, changed or modified without providing 30 days advance written notice to the city.

(2)

Each operator shall provide a certificate of insurance as proof of the existence of the required insurance coverage to the airport director prior to conducting business at the airport. The operator shall also provide the airport director a new certificate of insurance each time the insurance is renewed. The operator shall provide the city a complete copy of each insurance policy upon written request of the airport manager.

(3)

Each operator shall furnish to the city satisfactory evidence that it carries worker's compensation insurance in accordance with the laws of the State of Kansas.

(4)

The insurance requirements established herein are minimums only, and the city reserves the right to require higher limits of insurance or more or expanded coverage, if, in the opinion of the airport director, such limits or coverage are warranted.

(5)

Each operator shall comply with all federal, state and local laws, statutes, ordinances, codes, rules and regulations.

(Ord. No. 3452, § 13.15, 11-23-76; Ord. No. 4969, § 2, 4-2-96; Ord. No. 5031, § 1, 4-15-97; Ord. No. 6019, § 1, 7-21-98; Ord. No. 6093, § 1, 10-5-99)