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(1) An exempt flying club is an association or group of more than three (3) persons, organized as a nonprofit corporation under the laws of the State of Utah, or, as a duly authorized nonprofit unincorporated association, jointly owning or leasing aircraft where payment is made to the club for the operating time of such aircraft.

(2) In addition to the requirements set forth in Section 13.04.010 of this Chapter, an exempt flying club shall meet the following minimum requirements to qualify as an exempt flying club. Violation of such requirements shall be grounds for termination of exempt status.

(a) The club shall be a nonprofit Utah corporation or partnership, and/or other organization.

(b) Each club member shall be a bonafide owner of the aircraft or be a member of the corporation or partner in the partnership or other organization. Membership shall carry reasonable investment and minimum membership terms in the club for new members, and not be a short term “convenience” membership for the purpose of circumventing commercial operator requirements of this Title.

(c) The club may not derive a profit from the operation or maintenance of its aircraft.

(d) Club aircraft shall not be used by other than bonafide members for rental and by no one for a commercial operation.

(e) The club operator shall file a copy of its bylaws, articles of association, partnership or other documentation supporting its existence, and shall keep current with the Airport Manager a complete list of the club’s membership including the names of its officers and directors.

(Enacted 2004-07)