JurisdictionCaliforniaCode PUCPublic Utilities Code - PUC
Div. 9.DIVISION 9. AVIATION
Part 1.PART 1. STATE AERONAUTICS ACT
Ch. 4.CHAPTER 4. Airports and Air Navigation Facilities
Art. 4.5.ARTICLE 4.5. Airport Facilities and Concessions
This text of California § 21690.9. (21690.9. (Added by Stats. 1982, Ch. 767, Sec. 1.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Before entering any exclusive or limited agreement in connection with the management of any airport facility or the operation of any airport concession, the governing body of a publicly owned or operated airport shall, under authority hereby expressly delegated by the state, determine the necessity for an exclusive or limited agreement. The governing body shall consider the following factors to determine the necessity for an exclusive or limited agreement to further the policies and objectives stated in this article:
(d)The need to conserve airport space.
(e)The need to avoid duplication of services.
(f)The impact on the environment or facilities of the airport as an essential commercial and tourist service center.
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Before entering any exclusive or limited agreement in connection with the management of any airport facility or the operation of any airport concession, the governing body of a publicly owned or operated airport shall, under authority hereby expressly delegated by the state, determine the necessity for an exclusive or limited agreement. The governing body shall consider the following factors to determine the necessity for an exclusive or limited agreement to further the policies and objectives stated in this article:
(a)
Public safety.
(b)
Public convenience.
(c)
Quality of service.
(d)
The need to conserve airport space.
(e)
The need to avoid duplication of services.
(f)
The impact on the environment or facilities of the airport as an essential commercial and tourist service center.
(g)
The need to avoid destructive competition which may impair the quality of airport services to the public, lead to uncertainty, disruption, or instability in the rendering of such services, or detract from the state’s attractiveness as a center of tourism and commerce.
In making its determination, the airport operator shall not be required to take evidence or to make findings of fact.