§ 20.09.010. Automated vehicle identification rates and charges.

(a) The director of aviation is authorized to implement an automated vehicle identification (AVI) program at the airport as well as the McCarran Rent-A-Car Center (MRACC) and set applicable rates and charges within the limits established in this chapter. All ground transportation activities and the associated operators, unless exempted herein, will be required to comply with such program effective July 1, 2003, and as may be amended from time to time with Board of Clark County Commissioner's approval. The director of aviation or designee is authorized and shall have the right to designate areas for all ground transportation and parking activities at the airport as well as the MRACC in order to meet the operational needs for the airport and the MRACC. The director of aviation is authorized to implement and establish a customer facility charge (CFC) program for all operators and/or users of the MRACC under this chapter. All operators and/or users of the MRACC, unless exempted herein, will be required to comply with such program and pay all applicable fees identified in this chapter.

(b)

For the purposes of this chapter, the terms below shall have the following meanings.

(1)

"Trip" means each instance in which one of operator's vehicles passes through the airport's AVI entry and/or exit lane.

(2)

"Per trip fee" means the fee per trip established within this chapter, the airport rules and regulations and operating directives, which may be amended from time to time.

(3)

"Monthly fee" means the total number of trips conducted by operator in one calendar month multiplied by the per trip fee that is in effect.

(4)

"Dwell time fee" means the additional fee for operator's vehicle that remains in a designated area as calculated from the time the vehicle passes through the airport's AVI entrance lane then exits the designated area thru an AVI exit lane. These fees are in addition to any trip fees.

(5)

"Regional operator" means those ground transportation companies who are based and whose main office is outside Clark County or whose service area is greater than a seventy-five mile radius, but not more than a two hundred mile radius, from McCarran International Airport.

(c)

All ground transportation companies, for the purposes of this chapter, will be identified by the following categories and shall pay the associated fees under each category:

(1)

Category 1: Any vehicle which can transport one to eight persons, including the driver. Applicable fees are as follows and are based on cumulative time periods for each trip:

(A)

0—45 minutes an amount up to two dollars; each additional fifteen-minute increment up to four dollars; cumulative total shall not exceed one hundred dollars per trip.

(2)

Category 2: Any vehicle which can transport nine to fifteen persons, including the driver. Applicable fees are as follows and are based on cumulative time periods for each trip:

(A)

0—45 minutes an amount up to four dollars; each additional fifteen-minute increment up to four dollars; cumulative total shall not exceed one hundred dollars per trip.

(3)

Category 3: Any vehicle which can transport sixteen to thirty persons, including the driver. Applicable fees are as follows and are based on cumulative time periods for each trip:

(A)

0—60 minutes an amount up to six dollars each additional fifteen-minute increment up to eight dollars; cumulative total shall not exceed one hundred dollars per trip.

(4)

Category 4: Any vehicle which can transport thirty-one or more persons, including the driver. Applicable fees are as follows and are based on cumulative time periods for each trip:

(A)

0—60 minutes an amount up to twenty dollars; each additional fifteen-minute increment up to eight dollars; cumulative total shall not exceed one hundred dollars per trip.

(5)

Category 5: Service/delivery vehicles authorized by a tenant to deliver or pick-up goods or provide a service to a tenant at the airport. Applicable fees are as follows:

(A)

Annual fees an amount up to one hundred dollars per vehicle. No AVI charges will be imposed at this time. Future AVI charges may be imposed at the discretion of the director of aviation.

(6)

Category 6: On-airport rental car (RAC) operators, off-airport rental car operators, and any other motorized recreational vehicle rental operators supporting their operations by picking up or dropping off their own customers at the MRACC. Applicable fees are as follows:

(A)

All on-airport RAC operators must continue to pay all fees to the airport in accordance with their lease agreement and the MRACC fees contained in Section 20.09.050. No AVI charges will be imposed at this time. Future AVI charges may be imposed at the discretion of the director of aviation.

(B)

All off-airport rental car and any other motorized recreational vehicle rental operator (off-airport RAC) shall be mandated to participate in the airport's AVI program by obtaining an AVI operating permit and to comply with all the necessary requirements through the airport's designee and shall be subject to pay all fees to the airport in accordance with the sections outlined below. Any off-airport RAC operators without an AVI operating permit will be in violation of this section and shall be subject to pay, a maximum civil fine of one hundred fifty dollars per event, pending compliance to the airport's AVI program. Where applicable, the director of aviation shall have the discretion to implement civil fines contained within the airport's rules and regulations and operating directives to all violators within this category to ensure that all operators under this category are in compliance with the airport's AVI program. Off-airport RAC operators shall be charged and administered as two separate groups, as defined in section i or ii; as well as, the AVI trip charges contained within section iii:

i.

Group 1 shall be defined as off-airport RAC operators which write from one to one thousand five hundred rental vehicle contracts per month from January 1 to December 31 annually, the passengers or customers of which are picked up at the MRACC. Such operators will collect and pay an airport access fee of four dollars for each contract written for vehicle rentals to customers picked up at the MRACC and transported to operator's place of business; said operator shall be responsible to submit a monthly statement of gross revenues in the manner defined in section ii.

ii.

Group 2 shall be defined as off-airport RAC operators which write more than one thousand five hundred rental vehicle contracts per month from January 1 to December 31 annually, the passengers or customers of which are picked up at the MRACC. Such operators will collect and pay an airport access fee of eight percent of gross revenues for each contract written for vehicle rentals to customers picked up at the MRACC and transported to operator's place of business; said operator shall be responsible to submit a monthly statement of gross revenues, including the number of rental contracts written, to the airport by the tenth of each month and payment to be sent by the fifteenth of said month. Gross revenues for the purpose of this subsection are defined as follows:

a.

Total amount of time, mileage and service charges made for vehicles supplied to its customers which are picked up and transported from the MRACC without regard to the manner by which or location from which the off-airport RAC operator received the order for the vehicles or whether the vehicles are returned to the MRACC or some other station or location;

b.

All sums paid or payable on any vehicle exchanged or replaced at an off-airport location by customers originally transported from the MRACC to receive a rental vehicle at another location;

c.

Charges made for personal accident insurance policies sold by the off-airport RAC operator to its customers;

d.

All sums received from airlines or travel agencies as part of any route or tour promotion where free or reduced vehicle rental rates are part of the package. All fees or commissions paid by the off-airport RAC operator to air carriers or others must be included in the calculation of gross revenues;

e.

Amounts paid or credited to other vehicle rental locations from the rental of vehicles belonging to the off-airport RAC operator, but not assigned to the off-airport RAC operator's regular Las Vegas fleet must be included in the calculation of gross revenues;

f.

Gross revenues will not include the amount of federal, state, or municipal sales or other similar taxes separately stated and collected from customers of the off-airport RAC operator; however, payments or charges for franchise fees or taxes levied on the off-airport RAC operator's activities, facilities, equipment or property (real or personal) of the off-airport RAC operator will not be deducted from the calculation of gross revenues;

g.

Gross revenues will not include reimbursement for refueling a vehicle rented pursuant to a rental agreement under which the customer of the off-airport RAC operator is obligated to return the vehicle with the same amount of gasoline furnished at the time of rental or for fuel purchased from the off-airport RAC operator at the time the vehicle is rented;

h.

Gross revenues will not include sums collected by the off-airport RAC operator for intercity drop-off charges;

i.

There will be no deductions from gross revenues other than those specifically authorized by this subsection;

j.

Subject to federal and state law, including Federal Trade Commission Requirements, county does not require, but will not prohibit, the separate statement of the AVI trip charges and the airport access fee on customer invoices or rental contracts (invoices).

iii.

The director of aviation is authorized to increase the applicable AVI trip charges on an as needed basis to meet the operational and maintenance costs for the MRACC as stated below; an off-airport RAC operator will be limited to the use of Category 1, 2, and 3 vehicles only as defined below, while operating at the MRACC for airport customer pick-ups and drop offs. Applicable AVI trip charges are as follows:

a.

Any vehicle which can transport from one to eight persons, including the driver; the maximum charge shall be in the amount of eight dollars per trip;

b.

Any vehicle which can transport from nine to fifteen persons, including the driver, the maximum charge shall be in the amount of thirteen dollars per trip;

c.

Any vehicle which can transport from sixteen to thirty, including the driver, the maximum charge shall be in the amount of eighteen dollars per trip.

(7)

Category 7: Any taxicab operator must pay the following applicable fees:

(A)

Per trip fee—an amount up to two dollars for each airport pickup.

(8)

Category 8: Infrequent operators operating no more often than once per month or twelve times annually without a permit issued by the department of aviation. Applicable fees are as follows and are based on cumulative time periods for each trip:

(A)

0-60 minutes an amount up to fifty dollars per trip user fee; cumulative total shall not exceed one hundred dollars per month or twelve hundred dollars annually.

(9)

Other AVI Rates and Fees.

(A)

No AVI charges at Terminal 1 or Terminal 3 departures curbs.

(B)

Regional operators will not be charged additional trip fees if they return within two hours.

(C)

AVI rates apply to operator's activity in the non-exclusive use areas at all terminals. All terminals per capita curb rates and TNC rates are per company agreements or operating permits.

(D)

Temporary placards can be purchased with an expiration date not to exceed fourteen days for temporary or loaner vehicles on a per trip or multiple trip basis. The cost of each placard will be based on the number of trips multiplied by the per trip fee in accordance with the appropriate vehicle category.

(E)

Operators who are thirty days past due may have their transponder(s) deactivated at the discretion of the director of aviation or designee. The AVI system will continue to record all trips and the operator will be invoiced at double the current AVI rate. A twenty-five-dollar administrative fee will be charged to reactivate each transponder.

(F)

The cost of each AVI transponder is fifty dollars. Should the transponder be returned to the department of aviation within one year of the date of issue, the full price shall be refunded, provided the transponder is in good working condition and reusable. Transponders returned within one year from the date of issuance will be refunded at full price for each, providing they are in good working condition and reusable. Transponders returned after one year from the date of issuance and not exceeding five years will be refunded at twenty-five dollars each. providing they are reusable. Transponders must be clean and unmarked.

(d)

All ground transportation companies, unless exempted herein, will be required to obtain and affix to each vehicle a decal, transponder, or other similar device as may be required by the department of aviation, and required through the implementation of an automated vehicle revenue control and/or identification system.

(e)

All ground transportation companies, unless exempted herein, will pay all applicable trip fees and charges as set forth in this chapter and as further described in the landside operations operating directive. County retains the right to re-determine such fees from time to time within the limits established in this chapter. Upon request from the Clark County department of aviation, such ground transportation companies will make available at any time books, records and accounts of all operator's airport business activities for inspection by the director of aviation or designee. The director of aviation will at any time have the right to cause an audit of the business of the operator to be made by a certified public accountant of the director of aviation's selection.

(Ord. 3671 § 1, 2008: Ord. 3059 § 1, 2004: Ord. 2922 § 2, 2003)

(Ord. No. 4021, § 1, 5-1-2012; Ord. No. 4105, § 12, 6-4-2013; Ord. No. 4334, § 4, 10-20-2015)