Title 12 Public Ways and Property
Chapter 12.03 Airport Regulati ons
Article III. Solicitati on Activities
Section 12.03.0406 Denial
An applicati on shall be denied for no other reason than any one of the following:
The applicant has not furnished the informati on required by SMC 12.03.0404(A) , or has failed to comply with SMC 12.03.0402(C) .
There has been within the previous twelve months a final and binding judicial determinati on as provided herein by subsection (B) of this section that the applicant has violated this chapter which has resulted in the revocati on of a previous permit as provided in SMC 12.03.0410(A) .
The applicant constitutes a commercial enterprise as defined in SMC 12.03.0402(A) and is subject to other licensing or leasing requirements at Spokane Internati onal Airport.
Emergency conditions exist at Spokane Internati onal Airport which make the applicant’s proposed activity at the time and locati on proposed by the applicant absolutely incompati ble with the operati onal function of the airport; or
More applicants than herein provided have proposed permitted activities for the same time and locati ons and the applicant is not entitled to priority under the standards described in SMC 12.03.0434 .
In the event that any permit is denied, the airport’s director shall within five days following such denial, apply to either the United States district court for the Eastern District of Washington or to the superior court of Spokane County, Washington, for a judicial determinati on as to whether the proposed activity described in the applicati on is properly prohibited, naming the applicant as a party defendant. The airport’s director shall exert every reasonable effort to have this issue heard on its merits without delay and as soon as is legally possible. The burden of showing that the proposed solicitati on may be prohibited shall rest on the airport’s director.
If the issue for judicial determinati on described in subsection (B) of this section is not heard and determined by the court within fifteen calendar days from the date the complaint is filed, then an interim permit shall be deemed issued under this chapter to the applicant by operati on of law, and all activities proposed to be conducted in the applicati on for the permit may be conducted just as though a permit had been duly issued by the airport’s director, subject to the same restrictions and obligati ons under this chapter as other permittees.
The interim permit shall be deemed renewed each weekly period for so long as no judicial determinati on has been made. All parties shall be bound by the trial court’s determinati on pending appeal.
Date Passed: Monday, June 25, 2007
Effective Date: Saturday, August 4, 2007
Recodificati on ORD C34053 Section 1