This chapter shall be known as "Regulation of Aircraft Fueling Operations at Sacramento International Airport."
(SCC 1261 § 2, 2003)
This County owns and maintains Sacramento International Airport as a commercial airport in the Sacramento Metropolitan Area for air transportation purposes, including scheduled passenger airline operations and airline cargo operations.
In order to promote usage of the Airport, and to protect the public health, safety and welfare, it is necessary to regulate aircraft fueling operations at the Airport.
It is the policy of the County that the cost of operating, maintaining and developing the Airport shall be paid solely from airport system revenues, without the use of ad valorem taxes or other County general fund revenues or pledges, so as not to place any burden on taxpayers or residents of the County. In furtherance of this policy, and in accordance with the authority conferred upon the County by the laws of the State of California, it is appropriate that fuel flowage fees and administrative fees be established and periodically adjusted, in order to provide revenues for the operation of said Airport and as a reasonable means of securing compensation for the privilege of conducting self-fueling or facility restricted fueling operations.
No person shall have authority to conduct any fueling operations on the Airport, except under the authority of a permit authorizing commercial fueling, self-fueling or facility-restricted fueling operations.
(SCC 0882 § 2, 1992; SCC 1261 § 3, 2003)
The term "permit" or "aircraft fueling permit"
means a permit issued by the Director and required in order to conduct a category of aircraft fueling operations defined in Section 11.38.010. The term "commercial fueling permit" means that permit required in order to conduct commercial fueling operations on the Airport. The term "facility restricted fueling permit" means that permit required in order to conduct facility restricted fueling operations on the Airport. The term "self-fueling permit" means that permit required in order to conduct self-fueling operations on the Airport.
(SCC 689 § 1, 1987; SCC 0882 § 2, 1992; SCC 1261 § 5, 2003)
The term "person"
shall mean a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture or other individual or entity carrying on an enterprise for which a permit must first be procured, and shall include any officer, employee, agent or other representative by or through whom the enterprise is operated or conducted.
"Person"
shall not include a public agency or any officer, employee or agent thereof while acting in the capacity of such.
(SCC 0882 § 2, 1992)
Except as otherwise provided, the Director is charged with the responsibility for administering the provisions of this chapter, and shall be authorized from time to time to promulgate and enforce such rules or regulations consistent with the purposes, intent, and expressed terms of this chapter, as he or she deems necessary to implement such purposes, intent and express terms.
Such rules and regulations may include, but are not limited to, the following:
a. 
Minimum operating standards for the conduct of commercial fueling operations on the Airport;
b. 
Minimum operating standards for the conduct of self-fueling or facility-restricted fueling operations on the Airport;
c. 
Regulations regarding the mechanical condition of vehicles used in aircraft fueling operations on the Airport;
d. 
Regulations regarding the training of personnel engaged in aircraft fueling operations on the Airport; and
e. 
All of the regulations necessary and appropriate to ensure that aircraft fueling operations are conducted in a manner that ensures the health, safety and welfare of the users of the Airport and the general public.
No rules and regulations promulgated by the Director, or amendments thereof, shall be enforced or become effective until 30 calendar days following the date on which the proposed rules or regulations are filed with the Clerk of the Board of Supervisors.
(SCC 0882 § 2, 1992; SCC 1261 § 6, 2003)
Whenever reference in this chapter is made to the Board of Supervisors or any department, office, division, officer, or official, the reference shall be deemed to be, respectively, the Board of Supervisors or a department, office, division, officer or official of the County.
Whenever in this chapter an authority or power is vested in, or a duty is imposed upon, an officer or official, the County employees subordinate to the officer or official to whom an appropriate delegation has been made shall be entitled to exercise the power or authority and perform the duty.
(SCC 0882 § 2, 1992)
Any notice or other writing authorized or required by this chapter shall be deemed served and effective for all purposes on the date when it is reduced to writing and is either personally delivered to the party to whom it is directed or it is deposited in the United States mail, postage prepaid, and addressed to the party to whom it is directed. When under the provisions of this chapter any notice or other writing is authorized or required to be filed, it shall not be deemed to have been filed until it is received in the office of the official with whom filing is required.
(SCC 0882 § 2, 1992)
Violation of any of the provisions of this chapter shall, pursuant to the provisions of Section 1.01.190 contained in Title 1 of this Code, constitute a misdemeanor.
(SCC 0882 § 2, 1992)
Every person violating the provisions of this chapter, or any regulations adopted by the Director pursuant to this chapter, is guilty of a separate and further violation for each day or any portion thereof a violation continues.
(SCC 0882 § 2, 1992)
Any action or proceeding commenced or continued by the Director against a person for violations of this chapter, or any regulations or rules adopted by the Director pursuant to this chapter, shall be deemed actions or proceedings to enforce the police or regulatory power of the County.
(SCC 0882 § 2, 1992)
In addition to the penalties set forth in Sections 11.38.115 and 11.38.120, any violation of the provisions of this chapter, or any violation of the regulations adopted by the Director pursuant to this chapter, may be remedied by injunction or other civil proceedings commenced in the name of the County by the County Counsel pursuant to the direction of the Director.
(SCC 0882 § 2, 1992)
It shall be unlawful for any person who is not the holder of a valid, unexpired and unrevoked commercial fueling permit, issued pursuant to this chapter, to engage in commercial fueling operations on the Airport.
(SCC 0882 § 2, 1992; SCC 1261 § 7, 2003)
It shall be unlawful for any person who is not the holder of a valid, unexpired, and unrevoked self-fueling permit, issued pursuant to this chapter, to engage in self-fueling operations on the Airport.
(SCC 0882 § 2, 1992)
a. 
Fueling permits shall limit the fueling activities authorized by such permit to the activities specified for a particular category of fueling activity as such category is defined in Section 11.38.010.
b. 
It shall be unlawful for any person to conduct fueling activities on the Airport in a category of aircraft fueling operations which is not authorized under the permit issued to that person.
(SCC 0882 § 2, 1992)
All holders of aircraft fueling permits shall pay such fees, as may be established by resolution of the Board of Supervisors, as such resolution may be amended from time to time. Such fees may include, but are not limited to, fuel flowage fees and administrative fees.
(SCC 0882 § 2, 1992)
No aircraft fueling permit shall be transferable or assignable from one person to another.
Each such permit shall terminate and be deemed to have no further force or effect upon a change of control from one person to another of the ownership of the business, function, operation of the person to whom the permit has been issued.
(SCC 0882 § 2, 1992)
The holder of an aircraft fueling permit shall, as a condition thereof, assume the defense of, indemnify, and hold harmless the County of Sacramento, and, in their capacities as such, its officers, employees and agents from and against any and all actions, claims, losses, damages, liability, cost, and expenses of every type and description, including but not limited to attorneys fees, to which some or all of them may be subjected by reason of, or resulting from, directly or indirectly, in whole or in part, the acts or omissions of such permit holder, or such permit holder's agents, officers, or employees, directly or indirectly, arising from the performance of activities and operations permitted by a permit issued pursuant to this chapter.
(SCC 0882 § 2, 1992)
a. 
The holder of an aircraft fueling permit shall at all times during the term thereof maintain in full force and effect, at no cost to the County of Sacramento, comprehensive general liability insurance in the minimum amounts of Five Million and no one-hundredths dollars ($5,000,000.00) combined single limit. Such insurance coverage shall include bodily injury, property damage, personal injury, use of independent contractors (including fuel delivery contractors), cross liability, and products/completed operations liability. Each such policy of insurance shall be issued by an admitted insurer or insurance as defined by the California Insurance Code. Each such policy shall be endorsed to expressly name the County of Sacramento, and in their capacities as such, its officers, employees and agents as insureds thereunder, covering all losses and damages specified in this section. Each such endorsement shall expressly stipulate that such policies shall operate as primary insurance, and that no other insurance and/or self-insurance maintained by the County of Sacramento, or any of its officers, employees, or agents, will be called on to contribute to a loss covered thereunder, and shall expressly provide that such insurance shall not be cancelled, limited, or non-renewed during the term of such permit until after 30 days advance written notice has been given to the Director. The holder of a permit shall at all times during the term thereof, at no cost to the County of Sacramento, maintain in full force and effect workers compensation insurance in accordance with the laws of the State of California, covering all the employees of such primary holder used for or in connection with the aircraft fueling operations on the Airport.
b. 
The Director may, upon 30 days prior written notice, require additional insurance and/or higher limits than that described in Subsection (a) of this section.
(SCC 0882 § 2, 1992)
The application for an aircraft fueling permit shall be on such a form, and shall include such information, as is prescribed and required by the Director.
(SCC 0882 § 2, 1992)
a. 
The Director is authorized on behalf and in the name of the County of Sacramento, to issue, reissue, suspend, revoke or terminate permits for nonexclusive aircraft fueling operations on the Airport subject to the following limitations:
1. 
The permittee shall pay the rates and charges established by the Board of Supervisors for such aircraft fueling privileges;
2. 
The term of the permit shall be month-to-month;
3. 
The permit shall be subject to: i) immediate suspension and/or revocation where the permittee is in violation of the terms and conditions of the permit and poses an immediate threat to the public health, safety and welfare in the conduct of fueling operations, and ii) suspension and/or revocation upon 10 days prior written notice for a violation of any of the terms and conditions of the permit.
b. 
The Director shall, in writing, state the reasons for any denial, suspension, or revocation of a fueling permit. Written notice of the denial, suspension, or revocation, together with a copy of the provisions of this chapter, shall be served upon the applicant, or permittee, pursuant to the provisions of Section 11.38.110.
c. 
The form of all permits issued by the Director shall have been approved by the County Counsel.
(SCC 0882 § 2, 1992)
Any person may appeal the denial, suspension, or revocation of any aircraft fueling permit to the Board of Supervisors. Any such appeal shall be in writing, and shall be filed with the Director not later than 15 days after the date of service by the Director of the notice prescribed in Section 11.38.190(b). If the appeal is not filed within such time or manner, the right to a review of the action against which complaint is made shall be deemed to have been waived.
The appellant must file with that appeal a written answer under oath or affirmation which admits or denies specifically each allegation and each supporting fact contained in the Director's letter notifying appellant of the reasons for the denial, suspension or revocation. A general denial is not sufficient to controvert a specific allegation. If the appellant is without knowledge, he or she shall so state and that statement shall operate as a denial. The answer shall also state any additional facts and information that the appellant desires to have considered in explanation or mitigation of allegations in the Director's notification letter. The failure to specifically deny or explain or deny knowledge of any allegation or supporting fact shall be deemed an admission that the allegation or fact is true.
(SCC 0882 § 2, 1992)
The adoption of the provisions of this chapter, and the adoption of rules and regulations by the Director, are not intended to, and shall not be construed to, grant any property right or expectation to any person whomsoever.
Pursuant to its reservation of plenary authority to regulate the use of the Airport, the Board of Supervisors of the County reserves the right to modify any requirements for aircraft fueling operations on the Airport and to terminate any aircraft fueling permits, upon the issuance of 30 days prior notice. Such termination shall not be subject to appeal pursuant to Section 11.38.210.
(SCC 0882 § 2, 1992)