[HISTORY: Adopted by the Town Board of the
Town of Islip 3-20-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 59.
The Town Board of the Town of Islip declares
its intent to fix reasonable fees, rules, regulations and procedures
for off-airport rental car businesses desiring access to airport property
for business purposes. The Town Board deems it necessary to enact
this chapter in order to raise funds to help support the operation
of airport facilities, to help pay for airport equipment, to protect
the public, to preserve order, to provide for the public health, safety
and welfare, to enhance and govern the airport and provide for its
good order and peace and to regulate entrances to property and buildings
at the airport and the egress and ingress to such property and buildings.
The Town Board finds that off-airport rental care companies desiring
access to the airport for business purposes constitute a specific
class of business operations on airport property and further finds
that the fees and regulations contained in this chapter are reasonable
and uniform for the same class of privilege. In adopting this chapter,
the Town Board has given due regard to the property and improvements
used and the expenses of operation of the airport and has found that
the obligations imposed by this chapter are reasonable compensation
from users to the Town of Islip for use of airport facilities and
are required to help defray the cost of such facilities.
As used in this chapter, the following terms
shall have the meanings indicated:
Time charges, mileage charges and other sums received by
a car rental company from its customers by reason of the customers'
acceptance of personal accident insurance pursuant to the rental contract.
A rental car business not having a rental car concession
agreement or ground lease with the Town of Islip for the privilege
of conducting rental car business at the airport but nevertheless
desiring the privilege of picking up customers and supplying car rental
services at the airport.
Any individual, partnership, association, firm, corporation
or any and all combinations of the foregoing operating in concert.
A.
A person, persons or corporation desiring access to
the Long Island MacArthur Airport for the purpose of conducting rental
car business operations, either directly or indirectly, shall obtain
from the Town of Islip a nontenant rental car business permit prior
to conducting any such business on airport property.
B.
Nontenant rental car business permits will be issued annually for a twelve-month period within thirty (30) days after the application and agreement described in Subsection C of this section have been submitted to the airport manager, provided that the application is approved.
C.
The airport manager may issue a nontenant rental car
business permit only upon receipt of a signed and verified application
and agreement from the rental car business owner on a form provided
by the Town of Islip which shall include the following items and any
others deemed necessary by the airport manager:
(1)
For corporations not traded publicly, the names and
addresses of officers and directors having an interest in the business.
(2)
Proof of automobile general liability insurance in
the amount of at least one million dollars ($1,000,000.) for bodily
injury and property damage, combined single limit with a minimum of
one million dollars ($1,000,000.) per occurrence for all vehicles
to be operated on airport property.
(3)
The make, model, color, identification number and
motor vehicle registration number of all vehicles to be operated on
airport property.
(4)
A covenant to pay, for the duration of the permit,
to the Town of Islip, five percent (5%) of all gross automobile rental
receipts per month as defined herein, payable by the 10th day of each
month for the preceding month's receipts.
(5)
The names and job titles of local management personnel,
as well as all business employees engaged in the operation of vehicles
to be operated on airport property.
(6)
A covenant to obey and follow all standards and regulations
published by the Long Island MacArthur Airport and all applicable
federal and state regulations.
(7)
Proof of all business and motor vehicle permits required
by local, state and federal authorities.
(8)
A covenant to submit written proof to the Town of
Islip of all gross receipts at the time payment is due, accompanied
by a statement certified by an officer of the company attesting to
the accuracy of payments due the airport.
(9)
Authorization for the Town of Islip to audit all business
records and accounts at any time upon demand and to make said records
and accounts available.
(10)
A covenant that vehicles will stop only while in the
process of loading and unloading customers with bona fide reservations.
Upon request by an authorized representative of the Town of Islip,
the driver of a vehicle or company personnel that may accompany him
shall provide said representative the name of such prereserved customer
and other information applicable to the reservation. Drivers of vehicles
or company personnel that may accompany them shall be prohibited from
solicitation of business in any manner whatsoever upon the airport.
The operation of vehicles will be specifically limited to the picking
up and delivery of prereserved customers.
(11)
A covenant to park only in the parking and pickup
area designated for nontenant rental cars.
(12)
A covenant to indemnify and hold harmless the Long
Island MacArthur Airport from any and all claims whatsoever arising
out of the permittee's business operations and proof of insurance
for such contractual liability.
(13)
A covenant to abide by such additional requirements
as the Town of Islip may adopt from time to time.
(14)
A security deposit in an amount equal to five percent
(5%) of the applicant's gross automobile rental receipts as herein
defined from the last two (2) months immediately preceding the date
of the application.
A.
A nontenant rental car business permit will permit
the business to pick up customers at the terminal in a designated
and signed van or other motor vehicle, provided that no nontenant
rental car business shall operate more than one (1) designated motor
vehicle on airport property at the same time.
B.
A nontenant rental car business permit shall not permit
a business to have an office or station on airport property, to park
rental cars on airport property or to operate rental cars on airport
property, except as provided herein, and all of these actions and
activities are expressly prohibited.
C.
A nontenant rental car business permit is required
in order to advertise a nontenant rental car business on airport property
and in order to place a nontenant rental car business telephone on
airport property. However, fees for such advertising and telephones
are not included in the permit fees and charges. Advertising and telephone
fees, charges and locations must be negotiated separately with the
airport's advertising contractor and such fees and charges shall be
in addition to the fees set forth herein. A nontenant rental car business
not having a nontenant rental car business permit shall not advertise
on airport property and shall not place a telephone on airport property.
D.
A nontenant rental car business permit may be revoked
by the airport manager for cause at a hearing before the airport manager
or his designee upon five (5) days' notice. Cause includes but is
not limited to a breach of any of the agreements herein; a failure
to perform any of the agreements herein, including a failure to make
timely payments; violation of Town of Islip standards or regulations;
violation of the laws of the federal government or of the laws of
any state; and any other act or omission of the permittee adversely
affecting airport business operations or posing a danger to the public
health, safety or welfare. Cause also includes financial insolvency
or instability, moral turpitude and the lack of good character. In
the event that a permit is revoked, all sums owed the Town of Islip
shall immediately become due and payable, and no fees or charges shall
be refundable by the Town of Islip. A nontenant rental car business
permit may, likewise, be denied for similar cause, as it could be
revoked. In addition, a nontenant rental car business permit may be
denied or revoked when, in the opinion of the Town of Islip, such
action is necessary to protect the public health, safety or welfare
or to preserve the financial welfare of the airport. In the event
that a permit is denied, the applicant shall be given written notice
of the reasons and shall have the right to a hearing before the Town
of Islip.
E.
There shall be a charge of one hundred dollars ($100.)
payable in advance to defray administrative costs of a permit request
for each permit. This cost is not refundable in the event that the
permit application is rejected or in the event that the permit is
revoked.
Any person operating a nontenant rental car business as defined in this chapter without first obtaining a permit pursuant to § 3C-3 or without complying with the regulations contained in § 3C-4 shall be guilty of a violation punishable by a fine of one hundred dollars ($100.) for the first offense, a fine of one hundred fifty dollars ($150.) for the second offense, two hundred dollars ($200.) for the third offense and four hundred dollars ($400.) for each offense thereafter, or by imprisonment for a term not exceding fifteen (15) days, or both.
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder of this chapter but shall be confined
in its operation to the clause, sentence, paragraph, section or part
thereof directly involved in the litigation in which such judgment
shall have been rendered.
This chapter shall take effect ten (10) days
after posting and publication as provided by law.
