[Adopted 3-10-2009 by Ord. No. 241-09]
The use of the masculine gender includes the feminine or neuter gender where applicable; and the use of the singular includes the plural where applicable. As used in this article, the following terms shall have the meanings indicated:
AERONAUTICAL SERVICES
Any service which involves, makes possible, or is required for the operation of aircraft, or which contributes to or is required for the safety of operations.
AGREEMENT
The written agreement between the Airport and an operator specifying the terms and conditions under which the operator may conduct commercial aviation activities. Such agreement will recite the terms and conditions under which the activity will be conducted at the Airport, including, but not limited to, term of the agreement; rents, fees, and charges to be paid; and the right and obligations of the respective parties.
AIRPORT
The Doña Ana County Airport at Santa Teresa.
AIRPORT MANAGER or MANAGER
The designated individual or duly authorized individual appointed by the County to administer and manage all operations of the Airport and Airport facilities, and to supervise all Airport projects.
COMMERCIAL AERONAUTICAL ACTIVITY
The conduct of any aspect of a business, concession, operation, or agency providing goods or services to any person for compensation or hire, including exchange of services, whether or not such objectives are accomplished. An activity is considered a commercial activity regardless of whether the business is nonprofit, charitable, or tax-exempt. A commercial business activity that involves, makes possible or is required for the operation of aircraft, or which contributes to or is required for the safety of aeronautical operations.
COUNTY
Doña Ana County.
FAA
The Federal Aviation Administration.
FIXED-BASE OPERATOR (FBO)
An entity which maintains major facilities at the Airport.
FLYING CLUB
A noncommercial and nonprofit entity organized for the purpose of providing its members with any number of aircraft for their personal use and enjoyment. Aircraft must be vested in the name of the flying club owners on a pro-rata share, and the club may not derive greater revenue from the use of the aircraft than the cost to operate, maintain, and replace the aircraft.
LEASE
The written contract between the Airport and an operator (lessee) specifying the terms and conditions under which an operator may occupy and operate from certain Airport facilities and/or property.
MINIMUM STANDARDS
The qualifications which are established herein by the Airport owner as the minimum requirements to be met as a condition for the right to conduct an aeronautical activity on the Airport.
OPERATOR
Any person, firm, partnership, corporation, association or group providing any one or a combination of aeronautical services to or for aviation users at the Airport.
OWNER
Doña Ana County, New Mexico (also "sponsor").
SPECIALIZED AVIATION SERVICES OPERATIONS (SASO)
A commercial provider that provides fewer or more specialized services than an FBO.
SUBLEASE
A written agreement, approved by the Airport, stating the terms and conditions under which a third-party operator leases space from a lessee for the purpose of providing aeronautical services at the Airport.
A. 
The Federal Aviation Administration (FAA) contends that it is the prerogative of the Airport owner (sponsor) to impose rules and regulations for the operation and use of its Airport and minimum standards to establish the threshold entry criteria for those wishing to engage in providing aeronautical services to the public on the Airport. Two of the assurances given by the Airport sponsor in exchange for federal funding to assist in developing runways, taxiways, etc. at the Airport address the obligation of establishing minimum standards. These assurances are:
(1) 
Grant Assurance 22a. The sponsor will make the Airport available as an Airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the Airport.
(2) 
Grant Assurance 22h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the Airport.
B. 
The County of Doña Ana being the owner and in a position of responsibility for the administration of the County Airport at Santa Teresa (Airport) does hereby establish the following policy for minimum standards in accordance with FAA Advisory Circular 150-5190.7, dated August 26, 2006. These minimum standards are the threshold entry requirements for those wishing to provide commercial aeronautical services to the public and to ensure that those who are currently providing commodities and services as approved are not exposed to unfair or irresponsible competition. These minimum standards were developed taking into consideration the aviation role of the Airport, facilities that currently exist, services being offered, the future development planned and to promote fair competition at the Airport. The uniform application of these minimum standards, containing the minimum levels of service that must be offered by the commercial aeronautical service providers, relates primarily to the public interest and discourages substandard entrepreneurs, thereby conserving competent aviation and aeronautical activity and protecting the Airport users.
(1) 
Special restrictions on airport land and facility use. No person shall be granted the right to conduct any commercial aeronautical or nonaeronautical activity upon the Airport, nor shall any person be permitted to use any land or conduct any commercial aeronautical or nonaeronautical activity or the solicitation of business in connection therewith, unless such activity is conducted in accordance with these standards. The issuance of the proper permits, licenses, and/or the execution of a valid contract or agreement with the owner to conduct such activities with the County will be required. These minimum standards may be amended from time to time by the owner.
(2) 
Upon adoption of these standards, all present operators shall propose to the owner a timeline of no more than 90 days for compliance as it affects their operation.
(3) 
The minimum standards for commercial airport aeronautical activities and all appendices shall be reviewed, revised or amended, and updated annually.
C. 
No requirements for inclusion of nonaeronautical activities (such as a restaurant, parking or car rental concession) are included in these minimum standards since those activities are not covered under the grant assurances or covenants in conveyance of federal property.
The following minimum standards shall apply to all operators, with the exception of flying clubs, whose complete list of minimum standards are presented in the section which pertains solely to that type of operation:
A. 
The lease shall be for a term to be mutually agreed upon between the parties commensurate with the operator's financial investment in his facility. If the duration of the lease is to exceed five years in length, provisions shall be made to review the terms, lengths, and rents of the lease relative to other changes in the Airport environment that have occurred during that period.
B. 
The operator shall have the experience necessary to conduct any aeronautical service he wishes to provide to the public and shall submit a statement of qualifications to the owner upon request. It will be satisfactory if the operator has, in a reasonable supervisory position, a person of such experience. Should an operator not have such experience, but can demonstrate to the owner's satisfaction that he has had equivalent related experience or training; or if the operator intends to hire management personnel with relative experience, such may be deemed acceptable. The operator shall submit a letter of intent detailing the services which he wishes to provide, a written statement indicating compliance with the relevant minimum standard as presented in this article, copies of all ratings and licenses his organization has or a timeline reflecting when certifications will be obtained, and a general scope of the operation.
C. 
Any operator seeking to conduct commercial aeronautical activities at the Airport must provide the owner with a letter of financial integrity, to the owner's satisfaction, from a bank or trust company doing business in the area, or other such source that may be readily verified through normal banking channels. The operator must also demonstrate that he has the financial ability or backing, where applicable, for the construction of facilities that may be required for the proposed concept of operation. In addition, the financial institution letter should include a current financial net worth showing that applicant holds unencumbered current assets in a total amount at least equaling three months' estimated maintenance and operating expenses. The owner reserves the right to request a personal financial guarantee for the proposed operation if deemed necessary.
D. 
All operators shall demonstrate to the owner's satisfaction evidence of their ability to acquire insurance coverage as stipulated for each particular type of operation. Minimum coverage will be as established in Appendix I regarding insurance.[1]
[1]
Editor's Note: Appendix I is included at the end of this chapter.
E. 
Lease provisions.
(1) 
Each lease for ground space and contract for business at the Airport entered into by the owner shall include each of the following provisions as are required by state and federal governments:
(a) 
Fair and nondiscriminatory provisions.
(b) 
Affirmative action assurances.
(c) 
Civil rights assurances.
(d) 
Nonexclusive rights provision.
(e) 
Other mandated provisions.
(2) 
The most current amendment or form of such mandatory lease provisions shall be obtained from the state or federal governments and shall be included in each lease at the time of execution.
F. 
All operators shall have the right, in common with others so authorized, to use common areas of the Airport, including runways, taxiways, aprons, roadways, floodlights, landing lights, signals and other conveniences of the take-off, flying and landing of aircraft.
G. 
Any construction required of any operator shall be in accordance with design and construction requirements of the owner, state and federal regulations and applicable codes. All plans and specifications shall be submitted to the owner for approval.
H. 
The operator shall provide adequate, paved auto parking space within the leased area sufficient to accommodate all activities and operations and in compliance with County requirements.
I. 
The operator shall provide and keep clear a paved aircraft apron within the leased area to accommodate aircraft movement from the operator's building to the taxiway or the access to the taxiway that has been or will be provided for the operator.
J. 
These minimum standards will be reviewed on a periodic basis and adjusted if necessary to reflect changes to the Airport environs, compliance requirements, and lease terms, as they may relate to the existing minimum standards.
K. 
All present operators that were in compliance with the previous minimum standards and conducting operations on the Airport prior to the installation of these minimum standards may be allowed to continue operations without fully complying with them, provided the owner determines that the continued operation is in the best interest of activity at the Airport and that the operation is not in violation of any airport assurance compliance regulations. At the termination of the operator's present lease, all existing operators or tenants will be required to comply with the then-current minimum standards.
L. 
Storage areas and trash dumpsters. In order to shield stored materials and trash dumpsters from public view, operators shall observe the following minimum standards:
(1) 
No articles, goods, materials, machinery, trash dumpsters, equipment, plants, animals, or similar items should be exposed to public view within the area between the building setback line and the line along the street.
(2) 
No outdoor storage or trash dumpster or operations (other than aircraft-related) of any kind shall be permitted on any lot, unless such activity is visually screened from the street in a manner approved by the owner. No outside storage or trash dumpster shall extend above the top of such screening.
M. 
Any article, good, or material to be stored other than in an enclosed, covered building shall be enclosed either with a screen architectural fence at least six feet in height or landscaped planting or both, as directed and approved by the owner.
N. 
No storage shed or peripheral buildings other than the main building on each lot shall be permitted except during construction.
O. 
Parking requirements and standards for commercial tenants will be decided on a case-by-case basis depending upon the type of commercial use and the motor vehicle activity and needs that will be generated by that use and using Chapter 250, Land Use and Zoning, as amended, parking provisions as guidelines.[2]
[2]
Editor's Note: Chapter 250, Land Use and Zoning, was repealed 12-13-2016 by Ord. No. 287-2016. For current provisions, see Ch. 350, Unified Development Code.
P. 
In the event that the lessee or sublessee fails to comply fully with these minimum standards or fails to comply with the reasonable request or direction of the owner as it relates to these minimum standards, the lessee or sublessee shall be in default. If default continues for more than 30 days after notice of default, the owner may terminate the lease. Said lessee is responsible for the performance and compliance of their sublease operators and liable jointly or severally with the sublessee for a failure to perform or to comply.
A. 
General. A fixed-base operator is an entity which maintains major facilities at the Airport for the purpose of conducting:
[Amended 9-27-2011 by Ord. No. 235-2011]
(1) 
The retail sale of aviation fuels and associated aircraft line service. The FBO must offer fuel for both reciprocal engine and turbine aircraft (AV gas and jet fuel). Fuel and oil services include the sale and/or into-plane delivery of recognized brands of aviation fuels, lubricants, and other related aviation petroleum products. The operator shall provide servicing of aircraft, including ramp assistance and the parking, storage, and tie-down of aircraft within the leased area. The operator will maintain a bulk storage tank(s) in an area designated by the owner for the bulk fuel storage facility. The storage facility shall be capable of maintaining, at a minimum, a capacity of 12,000 gallons for each grade of fuel maintained by the operator. The operator must, at a minimum, provide fuel for reciprocating engine and turbine aircraft. The operator shall provide the required pumping equipment, either mobile or fixed, to meet all applicable safety requirements relative to fuel dispensing as required by federal, state and local regulations as now exist or are hereafter amended, and shall provide reliable metering devices which conform to federal, state and local regulations.
(a) 
The operator shall maintain an accurate record of all deliveries of aviation fuel and oil, and such records shall be subject to examination and audit by the owner or its representatives. A copy of each delivery invoice detailing the number of gallons delivered will be provided to the Airport Manager within two working days following the delivery.
(b) 
The operator shall pay to the owner a fuel flowage fee as determined by mutual agreement for every gallon of fuel brought to the Airport. The flowage will be determined from the operator's invoices and the operator's usage records and will be payable as described in Article IV, Fuel Policy, of this chapter, as amended.
(2) 
Aircraft airframe and engine repairs. The operator shall provide such minor repair service (i.e., oxygen service, nitrogen service, tire inflation) that does not require a certificated mechanic rating and shall, upon request, provide such cabin services to general aviation aircraft as can be performed efficiently on the ramp or apron parking area, but only within the premises leased to the operator.
(3) 
The operator shall procure and maintain tools, jacks, towing equipment, tire repairing equipment, energizers and starters, heaters, oxygen supplies, fire extinguishers, and passenger loading steps as appropriate and necessary for the servicing of the aircraft regularly using the Airport. All equipment shall be maintained and operated in accordance with local and state industrial codes as now in effect or hereafter amended.
B. 
Minimum standards.
(1) 
Ground space and improvements.
(a) 
The minimum ground space to be leased shall be 174,240 square feet, and improvements shall comprise at least 50% of the area leased.
(b) 
The principal buildings used by the FBO shall be of sufficient size to adequately meet the requirements of the services being offered; however, a minimum of 4,000 square feet must be allocated and utilized for crew/passenger lounge facilities, public rest rooms, sales/rental administration, aircraft charter and flight instruction and training activities.
(c) 
A minimum of one large hangar with a minimum of 15,000 square feet of floor space shall be provided within which aircraft airframe and engine repair activities, avionics, instrument or propeller repair, if proposed, will be performed. Suitable inside and outside storage space for aircraft, before and after repair and maintenance have been accomplished, must be provided within operator's leased premises.
(d) 
The operator shall have his premises open for not less than eight hours per day, seven days a week, and provide on-call aircraft servicing during all other hours with a response time of no more than 60 minutes. The operator shall make provisions for someone to be in attendance in the office at all times during operating hours.
(e) 
The operator shall have in his employ, and on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the minimum standards set forth in this category of service in an efficient manner.
(2) 
The following types of insurance are required (see Appendix I for minimum coverage[1]):
(a) 
Comprehensive public liability and comprehensive property damage, including vehicular.
(b) 
Hangar keeper's liability.
(c) 
Products liability.
(d) 
Fuel tank financial responsibility.
[1]
Editor's Note: Appendix I is included at the end of this chapter.
C. 
In addition to the minimum standards set forth above, the FBO shall also comply with the regulations applicable to FBOs as set forth in Article IV, Fuel Policy, of this chapter, as amended.
A. 
General. Specialized aviation services operations (SASOs), formerly referred to as "single-service providers" or "special FBOs," provide fewer or more specialized services than an FBO. Examples of these specialized services may include flight training, aircraft airframe and power plant repair/maintenance, aircraft charters, air taxi or air ambulances, aircraft sales, avionics, instrument or propeller services, or other specialized commercial flight support businesses or other operations. A SASO will not have the privilege of selling or dispensing aviation fuel products.
B. 
Concept; business plan. The business plan of each SASO will reflect the concept of the operation that the SASO intends to provide. This business plan should clearly delineate the proposed operating hours, the minimum personnel required for daily operations, and the type of aircraft, tools and equipment, and products that the SASO will offer to its clientele. It will identify the class and estimated volume of clientele that the SASO is expected to serve. The sponsor will evaluate these factors when determining the eligibility of each potential SASO. The SASO is expected to have the necessary operating licenses for the type of activity done (i.e., an aircraft maintenance shop must have FAA-licensed mechanics on duty during business hours).
C. 
The minimum standards required vary by the type of SASO.
(1) 
A flight training SASO must:
(a) 
Be open to the public no less than eight hours daily, five days a week.
(b) 
Maintain the following insurance:
[1] 
Aircraft liability.
[2] 
Comprehensive public liability and comprehensive property damage, including vehicular.
[3] 
Student and renter's liability.
[4] 
Hangar keeper's liability (if owning or leasing a hangar or hangar space).
(c) 
Maintain a climate-controlled and lighted office, reception area, and student training area with rest room facilities.
(d) 
Own or lease aircraft suitable to the operation; own or lease hangar space or tie-down space appropriate to the operation, but not less than space capable of storing two light single-engine aircraft.
(e) 
Have on duty or on call suitable flight instructors to control and ensure safe training operations.
(f) 
Provide copies of all pilot certification, medicals, and insurance forms to the owner, when requested.
(2) 
An aircraft lease or rental SASO must:
(a) 
Be open to the public no less than eight hours daily, five days a week.
(b) 
Maintain the following insurance:
[1] 
Aircraft liability.
[2] 
Comprehensive public liability and comprehensive property damage, including vehicular.
[3] 
Student and renter's liability.
[4] 
Hangar keeper's liability (if owning or leasing a hangar or hangar space).
(c) 
Maintain a climate-controlled and lighted office, reception area, and training area with rest room facilities.
(d) 
Own or lease aircraft suitable to the operation; own or lease hangar space or tie-down space appropriate to the operation.
(e) 
Have on duty or on call suitable instructors to control and ensure safe flight operations.
(f) 
Provide copies of all pilot certification, medicals, and insurance forms to the owner, when requested.
(3) 
An aircraft sales SASO must:
(a) 
Be open to the public no less than eight hours daily, five days a week.
(b) 
Maintain the following insurance:
[1] 
Aircraft liability.
[2] 
Comprehensive public liability and comprehensive property damage, including vehicular.
[3] 
Student and renter's liability.
[4] 
Hangar keeper's liability (if owning or leasing a hangar or hangar space).
[5] 
Products liability.
(c) 
Maintain a climate-controlled and lighted office, reception area, and rest room facilities.
(d) 
Own or lease hangar space or tie-down space suitable for the storage/display of not fewer than five available aircraft.
(e) 
Have on duty or on call suitable commercial pilots to ensure safe flight operations and equipment check out.
(f) 
The operator shall provide necessary and satisfactory arrangements for repair and servicing of aircraft, but only for the duration of any sales guarantee or warranty period.
(g) 
The operator who is engaged in the business of selling new aircraft shall have available or on call at least one single-engine demonstrator.
(4) 
An aircraft storage SASO must:
(a) 
Be available for customer call-out 24 hours per day, seven days per week.
(b) 
Maintain the following insurance:
[1] 
Comprehensive public liability and comprehensive property damage, including vehicular.
[2] 
Hangar keeper's liability.
(c) 
Own or lease a hangar large enough to contain the maximum number of aircraft called for in the operator's approved business plan.
(d) 
Maintain a climate-controlled office and reception area, with rest room facilities.
(5) 
An avionics, instrument, or propeller repair SASO must:
(a) 
Be open to the public no less than eight hours daily, five days a week.
(b) 
Maintain the following insurance:
[1] 
Comprehensive public liability and comprehensive property damage, including vehicular.
[2] 
Hangar keeper's liability.
[3] 
Products liability.
(c) 
Own or lease sufficient hangar space to house at least two aircraft and tie-down area for at least two additional aircraft.
(d) 
Maintain a climate-controlled and lighted office and reception area, with rest room facilities.
(e) 
Employ and have on duty no less than one appropriately rated person during business hours.
(6) 
An aircraft airframe, engine and accessory maintenance and repair SASO must:
(a) 
Be open to the public no less than eight hours daily, five days a week.
(b) 
Maintain the following insurance:
[1] 
Comprehensive public liability and comprehensive property damage, including vehicular.
[2] 
Hangar keeper's liability.
[3] 
Products liability.
(c) 
Own or lease sufficient hangar space to house at least two aircraft and tie-down area for at least two additional aircraft; however, not less than 10,000 square feet.
(d) 
Maintain a climate-controlled and lighted office and reception area, with rest room facilities.
(e) 
Employ and have on duty no less than one appropriately rated person during business hours.
(7) 
An aircraft charter and air taxi SASO must:
(a) 
Maintain a knowledgeable responsible person in the office or immediately available by phone 24 hours per day, seven days per week.
(b) 
Maintain the following insurance:
[1] 
Aircraft liability.
[2] 
Comprehensive public liability and comprehensive property damage, including vehicular.
(c) 
Maintain a climate-controlled and lighted office and reception area, with rest room facilities.
(d) 
Provide copies of all pilot certification, medicals, and insurance forms to the owner, when requested.
(e) 
Own or lease at least one aircraft that meets the standards of the air operations certificate.
(8) 
A specialized commercial flying SASO is any commercial flight operation that is not regulated by military, airline, charter or air taxi requirements. This SASO must:
(a) 
Maintain a knowledgeable responsible person in the office or immediately available by phone during the hours specified in the operator's approved business plan.
(b) 
Maintain (suitable to the sponsor):
[1] 
Aircraft liability.
[2] 
Comprehensive public liability and comprehensive property damage, including vehicular.
[3] 
Hangar keeper's liability (if owning or leasing a hangar or hangar space).
(c) 
Maintain a climate-controlled and lighted office and reception area, with rest room facilities (if services are offered to the public).
(d) 
Own or lease aircraft suitable to the operation.
(e) 
Own or lease hangar space or tie-down space appropriate to the operation. If chemicals are used or stored as a part of the operation, appropriate arrangements must be made to safeguard the public from hazardous exposure.
(9) 
Multiple services may be offered by one operator. In such scenario, the operator must meet as a minimum all standards required by each of the operational categories. Multiple operators may pool facilities and equipment as long as, in the opinion of the owner, each operator meets the intent of this article (i.e., any aircraft used for aerial application would not be suitable for flight instruction).
(10) 
Operators may sublease from another operator on the Airport.
(a) 
Prior to finalizing an agreement, the lessee and sublessee shall obtain the written approval of the owner for the sublease and business proposed. Said sublease shall define the type of business and service to be offered by the sublessee operator.
(b) 
The sublessee operator shall meet all of the minimum standards established by the owner for the categories of services to be furnished by the operator. The minimum standards may be met in combination between lessee and sublessee. The sublease agreement shall specifically define those services to be provided by the lessee to the sublessee that shall be used to meet the standards.
(11) 
Where a noncommercial aviation fuel user maintains fuel storage and transfer only for his own aircraft or aircraft leased for his exclusive use, such self-fueling is not a commercial operation, but must maintain certain minimum standards:
(a) 
No person shall engage in the activity of storing, transporting, or dispensing of noncommercial aviation fuels except those persons holding a written agreement with the owner.
(b) 
At no time shall lessee share, sublease, or in any other manner provide fuel or fueling facilities to any other tenant or any other aircraft except those aircraft owned or leased 100% by and for the exclusive use of the tenant designated in the agreement.
(c) 
The lessee shall install and maintain all fuel facilities within the fuel farm area in accordance with plans and specifications approved by the owner.
(d) 
The lessee shall comply with all local, state and federal laws and regulations governing the installation, operation, and maintenance of all fueling facilities, equipment and dispensing trucks as now in effect or hereafter amended.
(e) 
Dispensing trucks, bulk fuel trucks, emergency vehicles and other vehicles approved by the owner shall be the only vehicles permitted within the fuel farm area.
(f) 
All fuel storage shall be in New Mexico Environmental Protection Agency approved storage facilities in an area designated by the owner.
(g) 
Each prospective fuel lessee shall submit to the owner a written proposal which sets forth the extent of operations, to include: fuel grades; estimated annual volume; experience and training of fuel handling personnel; type, size and condition of all fueling facilities and equipment to be used; assurance provisions for the security and safety of the facility; spill prevention control and countermeasures (SPCC) plan; and any cost that may be expected by the owner.
(h) 
If any lessee wishes to start a self-fueling operation after the date of this article, the lessee shall pay to the owner a fuel flowage fee on the amount of fuel received into storage at the current rate established for commercial fuel operators on the Airport. The owner may impose an additional surcharge for the privilege. The operator shall maintain an accurate record of all deliveries of aviation fuel and oil, and such records shall be subject to examination and audit by the owner or its representatives. A copy of each delivery invoice detailing the number of gallons delivered will be provided to the Airport Manager within two working days following the delivery. The delivery volume will be determined from the operator's invoices and the operator's usage records and will be payable quarterly.
(i) 
The minimum storage tank allowed shall be of a capacity of 10,000 gallons.
(j) 
The lessee shall have the following insurance in the amounts required of all operators:
[1] 
Comprehensive public liability and comprehensive property damage, including vehicular.
[2] 
Fuel tank financial responsibility.
[3] 
Products liability.
[4] 
Fuel tank financial responsibility.
D. 
In addition to the set forth above, the SASO shall also comply with the regulations applicable to SASOs as set forth in Article IV, Fuel Policy, of this chapter, as amended.
A. 
A flying club (club) is a not-for-profit, noncommercial entity.
B. 
A flying club must provide a copy of club bylaws to the owner.
C. 
A flying club must maintain the following insurance:
(1) 
Aircraft liability.
(2) 
Comprehensive public liability and comprehensive property damage, including vehicular.
(3) 
Student and renter's liability (if applicable).
(4) 
Hangar keeper's liability (if owning or leasing a hangar or hangar space).
D. 
A flying club may not derive greater revenue from the use of its aircraft than the amount necessary for the actual cost of operation, maintenance, and replacement of its aircraft. The club will keep current a complete list of the club's membership and a record of club finances, and will make such available to the owner upon request.
E. 
A flying club must maintain a lease with the owner or a sublease with an FBO or SASO.
F. 
The club's aircraft will not be used by other than bona fide members and by no one for hire, charter, or air taxi. Student instructions may be given in the club aircraft by one club member to another club member, providing no compensation takes place. Otherwise, it must be given by an operator with a current agreement with the owner.
G. 
In the event the club fails to comply with these conditions, the owner will notify the club in writing of such violations. The Club shall have 14 days to correct such violations. If the club fails to correct the violations, the sponsor may demand the club's removal from the Airport.
H. 
Aircraft maintenance performed by the club shall be limited to only that maintenance that does not require a certificated mechanic and is listed in the FAA 14 CFR Part 43. All other maintenance must be provided by a lessee based on the Airport who provides such service, or by a properly certificated mechanic who shall not receive remuneration in any manner for such service and has provided verification of insurance and certifications to the owner.
A. 
Contents of application. Applications to perform commercial aeronautical activities shall be in writing and filed with the Airport Manager, and shall include the following information and submissions:
(1) 
Name and address;
(2) 
Proposed date for commencement of operation;
(3) 
Services to be offered;
(4) 
Amount, size, location of land proposed to be leased or subleased;
(5) 
Description of buildings and improvements to be constructed or leased, including proposed time required for construction or renovations;
(6) 
Number of aircraft to be employed;
(7) 
Hours of proposed operation;
(8) 
Proof of liability coverage for the business operation, flight operations, itinerant aircraft and operators and premises insurance. Such proof may be in the form of a copy of insurance company letter of intent, including number and types of insurance coverage to be maintained;
(9) 
Evidence of financial responsibility from a bank or from such other source that may be readily verified through normal banking channels;
(10) 
Evidence of financial capability to initiate operations and for the construction of buildings, improvements and appurtenances and the ability to provide working capital to carry on the contemplated operation, once initiated; names of all stockholders;
(11) 
Cash flow and profit-and-loss projections for a minimum of the first three years of operation, or longer if feasible, together with a market analysis supporting said projections;
(12) 
Statement of past experience in the specified aviation services proposed to be provided at the Airport together with a statement setting forth personnel to be used for the operations and experience of said personnel, including current or previous airports where these activities were conducted;
(13) 
A written authorization from the FAA, any aviation or aeronautics commissions, administrations, and departments of all states in which the applicant has engaged in aviation business to release information in their files relating to the applicant or its operation. The applicant shall execute such forms, releases, or discharges as may be required by those agencies;
(14) 
Application fee established by the County and based on estimated cost to the County of processing the application, which fee shall be nonrefundable;[1]
[1]
Editor's Note: See the Fee Schedule included at the end of this chapter.
(15) 
The signatures of all parties whose names are being submitted as owning an interest in the business or will appear on leases or other documents as being a partner, director or corporate officer and those who will be managing the business;
(16) 
An agreement to provide a bond or suitable guarantee of adequate funds to the Airport to be used to defray any expenses and fees normally paid by the lessee between the estimated time the lessee may default and a new lease is executed and another Lessee takes over; and
(17) 
Such other information as the Airport may require.
B. 
Hearing on application. Upon receipt of an application complying with Subsection A above, the Airport Manager will submit said application to the County Commission for scheduling of a public hearing upon said application.
(1) 
Upon receipt from the Airport Manager of an application complying with Subsection A above, a date for public hearing shall be set by the County Commission; the hearing date shall not be less than 15 days from the date of publication of the notice.
(2) 
At least 15 days' notice of the time and place of the hearing shall be given by at least one publication in a newspaper of general circulation in Doña Ana County.
(3) 
No public hearing shall be held unless the applicant or his duly appointed representative is present.
(4) 
At the time of the public hearing, the County Commission shall hear all evidence for and against the application. After due deliberation, the decision of the County Commission shall become public record.
(5) 
Proceedings in the nature of certiorari from a decision of the County Commission may be made to the appropriate State District Court of the Judicial District within 30 days.
C. 
Application fee. The application fees are set by separate County resolution. Until such resolution has been adopted, the fee shall be a minimum of $350 per applicant. The applicant may make application for multiple activities on each application.
[Amended 9-27-2011 by Ord. No. 235-2011]
This article will be enforced by the Airport Manager, County codes enforcement officers and/or others as designated by the County Manager. A person convicted of a violation of this article shall be punished by a fine not exceeding $300, imprisonment for a term not exceeding 90 days, or both such fine and imprisonment. Each day the violation exists may be considered a separate violation. In addition, the County may, at its discretion, sue for damages and/or injunctive relief and may consider the violation a breach of the Airport lease and seeks its remedies as provided by the lease document.