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(1) Prohibitive Conduct. No person who owns, operates or controls or who is employed in the business of repairing motor vehicles shall use any portion of City sidewalks or streets, including parking spaces, for the repair, sale or temporary placement of motor vehicles. The prohibitions of this Section apply whether or not the person engaged in such conduct is lawfully authorized or licensed to repair vehicles.
(2) Exemptions. The provisions of this Section shall not apply to emergency road service performed more than 500 feet from premises used for the repair of motor vehicles.
(3) Penalty. The penalty for violation of this Section shall be a fine of three hundred dollars ($300) per vehicle, per day, plus costs.
Notes
| 483 | Added, 1963 Ordinances, p. 1102; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; Caption and Section amended, Bill No. 210672
(approved January 18, 2022). |
(1) Definitions.
(a) Establishment. Any place or premises, whether public or private, where any person conducting any enterprise, occupation, vocation or business, whether or not for profit and whether temporarily or permanently located.
(b) Food. Every substance intended for human consumption, whether in solid or liquid form, excluding any substance the sale of which is regulated by the Pennsylvania Liquor Control Board.
(c) Restaurant. Any establishment where food is handled or sold, provided that said establishment is located in a permanent structure.
(d) Sidewalk Café. An open-air space on the public sidewalk directly abutting, adjacent and contiguous to a restaurant or any premises licensed by the Pennsylvania Liquor Control Board, pursuant to regulations (40 Pa. Code Chapter 7, Subchapter B, § 7.21) of the Board, to conduct business on the above-mentioned premises, where food is served at tables and chairs. 485
(e) Outdoor Entertainment. Entertainment, including but not limited to, music, television, and performances that are provided by a business with a sidewalk café permit, streetery, temporary street closure, or temporary lot closure for their patrons outside. Outdoor Entertainment shall exclude adult cabarets. 486
(2) Location. Notwithstanding any provision of Section 9-205, a sidewalk café may be maintained (i) within the area bounded by the Delaware River, the south houseline of South street, the center line of Third street, the south houseline of Bainbridge street, the Schuylkill River and the north houseline of Fairmount avenue; (ii) on Broad street, between Bainbridge street and the north houseline of Washington avenue; (iii) within the area bounded by the south side of Shurs lane to the north side of Green lane and the east side of Cresson street to the Schuylkill River; (iv) on East Passyunk avenue, both sides, between Broad street and Federal street; (v) on Ninth street, both sides, between Christian street and Federal street; (vi) on Germantown avenue, both sides, from Washington lane to Creshiem Valley road; (vii) on Germantown avenue, both sides, from Creshiem Valley road to Rex avenue; (viii) on Bethlehem pike, both sides, from Germantown avenue to Newtown street; (ix) on Ridge avenue, both sides, from Rochelle avenue to Domino lane; (x) on Frankford avenue, both sides, from Harbison avenue to Sheffield avenue; (xi) on Cottman avenue, both sides, from Erdrick street to Leon street; (xii) on Ryan avenue, both sides, from Frankford avenue to Leon street; (xiii) on Robbins street, both sides, from Frankford avenue to Mulberry street; (xiv) on Sackett street, both sides, from Frankford avenue to Levick street; (xv) within the area bounded by the west side of Frankford avenue, the north side of Levick street, the east side of Hawthorne street and the south side of Hellerman street; (xvi) on Torresdale avenue, both sides, from Knorr street to Tyson avenue; (xvii) on Princeton avenue, both sides, from Marsden street to Tulip street; (xviii) within the area bounded by the east side of Roosevelt boulevard, the south side of Saint Vincent street, the west side of Brous avenue, and the north side of Tyson avenue; (xix) on Cottman avenue, both sides, from Roosevelt boulevard to Brous avenue; and (xx) on the south side of Cottman avenue, from to Brous avenue to Barnard avenue; provided that the conditions of this Section are complied with. 487
(3) License, Indemnification and Other Conditions. 488 No person shall erect, construct or maintain a sidewalk café, either where permitted by subsection (2) or where permitted pursuant to special ordinance, unless he has obtained a sidewalk café license from the Department of Licenses and Inspections. No license shall be issued unless:
(a) Such person submits the materials required pursuant to subsection (4) to the Department and the Department determines that the location at which the sidewalk café is proposed is a permitted location, either pursuant to this Section or pursuant to special ordinance, and determines that the restaurant to which the proposed sidewalk café is accessory has all other necessary licenses and permits;
(b) The Department of Streets has determined, and advises the Department of Licenses and Inspections, that the proposed café meets the placement requirements of subsection (6);
(c) The licensee agrees in writing, in a form satisfactory to the City Solicitor, to remove the sidewalk café after written notice has been given by the Department of Licenses and Inspections that either:
(.1) the Department of Streets has determined that the sidewalk café no longer meets the placement requirements of subsection (6); the sidewalk café must be removed to accommodate a municipal or municipally sponsored public project; or the Streets Department has granted a temporary permit to close the sidewalk; or
(.2) the Department of Licenses and Inspections has determined that the sidewalk café is no longer being used as such; the restaurant to which the café is accessory has been temporarily or permanently closed for violation of any City, state or federal law and/or regulation; or the sidewalk café is being operated in violation of any ordinance, rule or regulation of the City of Philadelphia;
(d) The licensee agrees in writing in form satisfactory to the City Solicitor to indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss resulting from injury to, or death to persons or damage to property arising out of, resulting from, or in any manner caused by the presence, location, use, operation, installation, maintenance, replacement or removal of, such sidewalk café, or by the acts or omissions of the employees or agents of the licensee in connection with such café. The licensee shall also agree to release the City from any and all claims relating to its sidewalk café, including, but not limited to, loss of business and/or value of the sidewalk café when it is ordered removed or when street, sidewalk or utility construction occurs;
(e) The licensee agrees in writing in form satisfactory to the City Solicitor to obtain and maintain in full force and effect, at the licensee's own expense, an insurance policy naming the City of Philadelphia as an additional insured. The policy shall afford comprehensive general liability insurance including contractual liability insurance covering the licensee's indemnification and hold harmless obligations under subsection (d) above and shall provide that the Law Department be notified upon the expiration of coverage in the event the policy is cancelled or the applicant fails to renew the café license. Within ten (10) days of the approval of the sidewalk café license application, and each year thereafter, the licensee shall submit a certificate of insurance in accordance with the agreement and maintain a copy on the premises for review;
(f) The licensee obtains a bond with corporate surety in amount approved by the Streets Department and in form satisfactory to the Law Department to cover indemnification of the City for the cost of removal of any part of the sidewalk café, restoration of the public right-of-way, and all incidental costs; and
(g) The licensee pays an annual fee of one hundred eighty dollars ($180). Such fee shall be in addition to any fees for other permits and licenses necessary for the operation of the restaurant to which the sidewalk café is accessory. All sidewalk café licenses shall be issued for a one-year period established by the Department of Licenses and Inspections. 489
(a) Applications for sidewalk café licenses shall be made on forms provided by the Department of Licenses and Inspections. Applicants must submit the following with the application:
(.1) The name of the applicant, the relationship of the applicant to the restaurant to which the café is accessory (owner, manager, etc.) and the street address of the property where the sidewalk café is proposed. If the applicant is other than the owner of the building abutting the location of the proposed sidewalk café, the applicant must provide written authorization from the property owner stating that the property owner has no objection to the sidewalk café;
(.2) Four copies of a plan drawn to minimum scale of 1/4" = 1' showing:
(.a) Dimensions of the proposed sidewalk café boundaries, including the building line of the existing building;
(.b) Existing sidewalk widths;
(.c) The location of all transit stops within fifteen (15) feet of the property line and its abutting sidewalk; and
(.d) All sidewalk obstructions, including, but not limited to: poles, parking meters, telephone stands, trees, cellar doors, etc. within ten (10) feet of the outer edge of the proposed sidewalk café;
(.3) Three color photographs, at least 5" x 7", showing the complete area of the building facade. This will necessitate three different photo angles;c
(.4) A non-refundable application fee of one hundred eighty dollars ($180). When a license is granted, the application fee shall be credited towards the first year's license fee. 491
(b) The applicant shall be provided with the current form of the written agreements required pursuant to subsection (4) at the time the application is made.
(c) Approval or disapproval of a license to operate a sidewalk café must be issued within thirty (30) days after the applicant complies with all the requirements as set forth in this Section.
(d) A recipient of a Sidewalk Café permit, or a recipient of a streetery permit or temporary street closure permit, pursuant to regulations, shall be eligible to provide Outdoor Entertainment until December 31, 2021, so long as all other provisions of the Philadelphia Code are adhered to, including the following: 492
(.1) This provision shall apply retroactively to any applicant that had prior approval for a sidewalk café permit, streetery-street closure, or temporary lot closure.
(.2) Permittees must notify the City, through the streetery@phila.gov email address, that an Outdoor Entertainment performance is scheduled seventy-two (72) hours in advance of the Outdoor Entertainment performance taking place. The Streets Department may, by regulation, extend the notification requirement for significant geographic areas of the City when there is a determination that a longer notification period is necessary to ensure that the health and public safety of this significant geographic area of the City is sufficiently considered and addressed. In this notification, permittees must certify that:
(.a) they have read, understand, and will comply with the City's COVID safety guidelines relating to entertainment, dining, and leisure, and;
(.b) they will comply with any regulations promulgated by the City pursuant to this legislation.
(.3) Performers must wear a face mask at all times during an Outdoor Entertainment performance unless:
(.a) all performers stand more than twenty (20) feet from members of the public; or
(.b) performers perform behind a plexiglass barrier that will sufficiently prevent respiratory droplets from travelling from any performer to a member of the public.
(.4) All equipment must be removed at the conclusion of each Outdoor Entertainment performance.
(.5) A permittee that receives more than one violation notice for failure to maintain an Americans with Disabilities Act-compliant pedestrian path, shall be prohibited from providing Outdoor Entertainment.
(.6) There shall be no more than two (2) Outdoor Entertainment performances per City block, at any given time.
(.7) Until June 15, 2021, Outdoor Entertainment performances shall require a footway closure permit from the Streets Department, issued at the discretion of the Streets Commissioner.
(.8) After June 15, 2021, Outdoor Entertainment performances shall no longer require a footway closure permit from the Streets Department, however, the City reserves the right to deny the right to conduct Outdoor Entertainment performances on the basis of right-of- way conflicts, public safety concerns, history of violations, or history of complaints. Such denials will be provided in writing with the cause identified.
(.9) The Streets Department may, by regulation, restrict the hours that Outdoor Entertainment performances may occur for significant geographic areas of the City when there is a determination that shorter Outdoor Entertainment performance hours are necessary to ensure that the health and public safety of this significant geographic area of the City is sufficiently considered and addressed.
(a) Within five (5) days of the filing of an initial application for a sidewalk café license, the applicant shall give public notice of the application by posting at a conspicuous location in the front window or on the front door of the restaurant to which the sidewalk café will be accessory a form approved by the Streets Department. The applicant is responsible for assuring that such notice is posted continuously for a minimum of ten (10) consecutive days, and no license shall issue prior to the completion of at least ten (10) days of public notice.
(a) All parts of a sidewalk café shall be easily removable.
(b) On streets with a confirmed sidewalk width of thirteen (13) feet or less, at least five (5) feet of clear sidewalk space shall be maintained at all times to provide pedestrian access. On streets with a confirmed sidewalk width of more than thirteen (13) feet, at least one-half the confirmed sidewalk width shall be maintained at all times to provide pedestrian access.
(c) The clear sidewalk space shall be measured from the curb line, or, if closer to the sidewalk café, from the nearest obstruction on a line parallel to the curb line, to the outside edge of any chair, table or collapsible railing as shown on the plans approved by the Department of Streets. For the purpose of determining clear sidewalk space, trees, steps, street light poles, sign poles, fire hydrants, parking meters, or other objects located on the sidewalk surface shall be considered as obstructions.
(d) Ventilation grates cannot be covered and cannot be included as clear sidewalk space.
(e) The licensee shall be responsible for keeping all visitors, patrons, employees, and café fixtures, including, without limitation, tables, chairs, and heaters, from occupying or encroaching into the required clear sidewalk space.
(f) Sidewalk cafés located at street intersections shall provide corner clearance by providing a ten (10) foot clear space from the point of tangency of the curb line.
(g) No part of the sidewalk café shall be within fifteen (15) feet of a transit stop.
(h) The sidewalk café shall be at the same elevation as the existing sidewalk surface.
(i) The required clear egress space shall be maintained between the exit door(s) of the structure and the clear sidewalk space.
(j) The placement or maintenance of a sidewalk café shall not impede or endanger pedestrian travel, or obstruct or interfere with the installation or maintenance of underground utilities.
(k) Collapsible or removable handrails shall only be permitted where the ground receptacle can be capped. The anchors for such handrails cannot exceed a depth below grade of the sidewalk of four (4) inches. The collapsible or removable handrails shall be removed during periods of the year when the sidewalk café is not in use. The Department of Streets may require an applicant to maintain removable or collapsible handrails or guards when it determines handrails or guards are necessary to prevent encroachment into the clear sidewalk area that is required pursuant to this Section.
(l) Provided that the clear sidewalk space is maintained as otherwise required in this subsection, an applicant may also occupy an area adjacent to the curb line after 7:00 p.m., provided that the following conditions are met:
(.1) the café must be located adjacent to a traffic lane regulated for use only for parking and/or loading (i.e. the lane cannot be a traffic lane after 7:00 p.m.);
(.2) only movable tables and/or chairs shall be permitted and must be placed at least one and one-half (1.5) feet from the curb line;
(.3) chairs must be placed in positions parallel to the curb line; and
(.4) the minimum clear sidewalk space required pursuant to this subsection must be maintained at all times except employees of the licensee are permitted to serve tables at the curb lines of cafés in compliance with other provisions of this subsection.
(a) Licensee shall maintain the sidewalk café in accordance with all City, state and federal laws, as well as any rules and regulations which pertain to the use of the sidewalk café including, but not limited to, any and all City Code rules and regulations as may be required by the Department of Fire, Police, Health, Streets and Licenses and Inspections.
(b) All food served from sidewalk cafés in the following locations shall be served on non-disposable containers, and no sidewalk café shall be maintained in the following locations unless such café is directly abutting a restaurant where more than twenty-five percent (25%) of the interior gross floor area is used for seating:
(.1) Chestnut street from Broad street to Eighteenth street; and
(.2) Walnut street from Broad street to Eighteenth street.
(c) The issuance of a license pursuant to this Section does not permit any conduct otherwise prohibited by this Code, including otherwise prohibited outdoor cooking and outdoor storage of flammable materials. 496
(d) A license granted pursuant to this Section does not create any vested property right in the sidewalk area to which the license applies. 497
(e) No sidewalk café, located within the following area, shall be operated or maintained between the hours of 12 midnight and 8 a.m.: 498
(.1) the area bounded by the south side of Shurs lane to the north side of Green lane and the east side of Cresson street to the Schuylkill River.
(a) Any officer authorized to enforce this Code shall, upon making a determination that the owner or operator of a sidewalk café is in violation of this Section or a sidewalk café license, provide the owner or operator a violation notice.
(b) Such notice shall specify whether the placement of the sidewalk café must be modified to come into compliance with this Section or whether the sidewalk café must be entirely removed and shall provide a time in which compliance is required.
(c) If the owner or operator fails to comply as directed in the notice, the City may institute court proceedings either for collection of penalties as provided in this Section or seeking a court order to force compliance or both.
(d) If the owner or operator of the restaurant fails to comply as directed in the notice, or fails to comply with his or her written agreements under subsection (4), the Department of Licenses and Inspections is authorized to abate the violation, including by removing furniture or other property from the sidewalk, by itself or by contract, and restoring the sidewalk to its original condition. The Department of Licenses and Inspections shall be further authorized to charge the costs of such removal and restoration, including administrative costs, to the violator and the Law Department may take action to collect such costs by lien or any other method. If removed property is not claimed in writing within thirty (30) days, the City is authorized to dispose of said property.
(e) Penalties. 500 The penalty for violation of this Section or any condition of a license or of a regulation issued pursuant to this Section shall be a fine not exceeding three hundred dollars ($300) per day.
(f) Repeat Offenders. 501 Any person who commits, on more than one occasion, a violation of this Section or any condition of a license or of a regulation issued pursuant to this Section, shall be guilty of a separate offense of Repeat Violation, and for each such Repeat Violation, shall be subject to a fine of not more than three hundred dollars ($300), or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless whether the second or subsequent violation occurs before or after a judicial finding of a first or previous violation. Each violation, after the first, shall constitute a separate Repeat Violation offense.
(9) The Department of Streets and the Department of Licenses and Inspections may issue whatever rules or regulations they deem necessary or desirable to effectuate the purposes of this Section. With respect to rules or regulations as to the extent of encroachments upon and obstructions of the streets, for the protection or facilitation of pedestrian traffic, such rules or regulations shall not permit encroachments upon or obstructions of the streets greater than those specified in Title 11 of The Philadelphia Code. 502
(10) Special Provisions for Existing Sidewalk Cafés and Pending Sidewalk Café Applicants. 503 The following special provisions shall apply only within the First and Fourth Councilmanic Districts:
(a) Any sidewalk café operating under the provisions of a license granted before the date Bill No. 030254-A became law may continue to operate under the provisions of that license for the remaining term of that license. Renewal of licenses for such sidewalk cafés will be governed by the provisions of this Section as amended by Bill No. 030254-A, except that no such sidewalk café shall be denied renewal because it fails to meet the "clear sidewalk space" requirements of subsection (6). Any such sidewalk café that does not meet the "clear sidewalk space" requirement must continue to operate in accordance with the plan submitted when the sidewalk café was licensed prior to the date Bill No. 030254-A became law, and if such a sidewalk café wishes to operate in accordance with a different plan, such plan must be approved in accordance with all provisions of this Section, including the "clear sidewalk space" requirements of subsection (6).
(b) If a special ordinance authorizing a sidewalk café was passed by Council before the date Bill No. 030254-A became law, but a license had not yet been issued for such sidewalk café as of such date, such sidewalk café shall be licensed under the provisions of this Section as it existed prior to the amendments set forth in Bill No. 030254-A. Once such license is issued, the provisions of subsection (10)(a) shall apply to such sidewalk café.
(a) A sidewalk café on Ninth Street, between Christian Street and Federal Street, may be located entirely or partially within an available space in which a curb market cart may be located under Section 9-201. Subsection 9-208(6)(h), which requires a sidewalk café to be at the same elevation as the sidewalk, shall not apply to such sidewalk cafés, but all other provisions of this Section shall apply.
Notes
| 484 | Added, 1979 Ordinances, p. 416. |
| 485 | Amended, Bill No. 030254-A (approved July 31, 2003). |
| 486 | |
| 487 | Amended, 1980 Ordinances, p. 805; amended, 1993 Ordinances, p. 1156; amended, Bill No. 990726 (approved December 31, 1999); amended, Bill No. 000065 (approved March 21, 2001); amended, Bill No. 040783 (approved October 27, 2004); amended, Bill No. 070369 (approved July 31, 2007); amended, Bill No. 070682 (approved November 29, 2007); amended, Bill No. 070945 (approved December 13, 2007); amended, Bill No. 090387 (approved June 19, 2009); amended, Bill No. 180171 (approved June 6, 2018); amended, Bill No. 230307 (approved August 23, 2023); amended, Bill No. 230625 (approved November 13, 2023). |
| 488 | Amended, 1993 Ordinances, p. 1086; former subsection (3) deleted, former subsection (4) renumbered and amended, Bill No. 030254-A (approved July 31 2003). |
| 489 | Amended, Bill No. 090777-A (approved February 17, 2010). |
| 490 | Added, Bill No. 030254-A (approved July 31, 2003). |
| 491 | Amended, Bill No. 090777-A (approved February 17, 2010). |
| 492 | |
| 493 | Added, Bill No. 030254-A (approved July 31, 2003). |
| 494 | Added, and former subsection (6) deleted, Bill No. 030254-A (approved July 31, 2003). |
| 495 | |
| 496 | Added, Bill No. 030254-A (approved July 31, 2003). |
| 497 | Added, Bill No. 030254-A (approved July 31, 2003). |
| 498 | Added, Bill No. 070694 (approved November 29, 2007). |
| 499 | Added, and former subsection (8) deleted, Bill No. 030254-A (approved July 31, 2003). |
| 500 | Amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; Bill No. 030254-A (approved July 31, 2003). |
| 501 | Added, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; Bill No. 030254-A (approved July 31, 2003). |
| 502 | Added, Bill No. 030254-A (approved July 31, 2003). |
| 503 | Added, Bill No. 030254-A (approved July 31, 2003). |
| 504 | Added, Bill No. 090746 (approved July 5, 2011). |
(1) Definitions. In this Section, the following definitions shall apply:
(a) Small Vehicle means a bicycle, scooter or skateboard, whether or not powered in any part by a motor; any electric vehicle intended for single-person use; or such other similar vehicles as may be defined by regulation. A Small Vehicle does not include a vehicle that must by law be registered with the Commonwealth of Pennsylvania Department of Transportation.
(b) Small Vehicle Sharing Business. The business of making Small Vehicles available for rental to the public at multiple locations, including the public right-of-way, in which the business does not require that the vehicle be returned after use: to the location from where the vehicle was taken; to a supervised location; to a location on private property; or to a docking station.
(2) No person or entity shall operate a Small Vehicle Sharing Business except pursuant to a license issued by the City. A license to operate such a business shall be issued upon:
(a) Completion of such application as required by the Department of Licenses and Inspections, setting forth such information as may be required to determine qualification under any standards and requirements as may be established pursuant to this Section;
(b) Determination by the Department, in consultation with the Department of Streets, that the applicant's proposal meets such standards and requirements; and
(c) Payment of such fee as may be established by regulation to recover the costs of administration of the program. Payment of such fee shall not be exclusive of any amount the City may charge for the use of City-owned property in connection with a licensed operation.
(3) The Department of Streets may, by regulation, establish standards and requirements for safe and responsible operation deemed necessary for reasonable management of the public right-of-way, which regulations may include:
(a) standards for safety of equipment, responsible operation and aesthetics;
(b) requirements to remove or promptly repair any vehicle determined by the City to present an impermissible risk to health or safety;
(c) standards designed to promote compliance with the vehicle parking requirements of Title 12 of The Philadelphia Code ("Traffic Code"), including the establishment of particularized penalties in connection with vehicles used in the program;
(d) requirements regarding notification of customers regarding legal or other requirements applicable to use of vehicles under the program;
(e) standards regarding the size and scope of operation of a particular business;
(f) standards regarding the area of service of a particular business;
(g) requirements to label vehicles with identifying information;
(h) requirements regarding insurance, security and indemnification of the City;
(i) requirements regarding the regular provision of information to the City regarding vehicles used by the business, such as usage rates and vehicle condition;
(j) a requirement to enter into an agreement with the Department of Streets with respect to any aspect of the program;
(k) requirements regarding the total number of vehicles permitted in the City, or in any area of the City, under the program;
(l) requirements regarding the total number of businesses that may be licensed under this program at any one time;
(m) standards for the suspension and revocation of license; and
(n) such other standards or requirements as may be necessary for safe and reasonable management of the right-of-way.
Notes
| 505 | Source: 1940 Ordinances, p. 152; amended, 1959 Ordinances, p. 490; amended by renumbering former Section 9-204, 1990 Ordinances, p. 985; repealed, 1993 Ordinances, p. 123; added, Bill No. 180429 (approved July 10, 2018). Section 2 of Bill No. 180429 provides: "This Ordinance shall be effective immediately, provided that no license shall be issued under Section 9-209 of the Code until implementing regulations have been adopted." |
(1) Program Area. 508 The provisions of this Section shall only apply to the public sidewalks: (a) within the area bounded by and including the south side of Bainbridge street, the east side of Columbus boulevard, the north side of Vine street and the west side of the Schuylkill River; (b) on the entire length of the Benjamin Franklin parkway; (c) on the 1700 block of Cottman avenue; (d) on Frankford avenue from the 5900 block to the 7600 block, inclusive; (e) on Torresdale avenue from the 5000 block to the 7600 block, inclusive; (f) within the Manayunk Area, defined as the area bounded by and including the Schuylkill River, the Wissahickon Creek between the Schuylkill River and the SEPTA Norristown Railroad line, the SEPTA Norristown Railroad line between the Wissahickon Creek and Cresson street, Cresson street, Baker street and Leverington avenue extended to the Schuylkill River; and (g) within the Northern Liberties Area, defined as the area bounded by and including the south side of Spring Garden street, the west side of N. 6th street, the north side of Girard avenue and the east side of Front street.
(2) Definitions. In this Section, the following definitions apply:
(a) Publishers' Box. A machine or other enclosed box used for distributing newspapers or other printed material while offering or displaying the material for sale or free distribution and capable of operation by pedestrians without the assistance of an attendant.
(b) Infrequent Publishers' Box. A publishers' box displaying or offering for sale or distribution a publication or other printed material that is published or distributed less frequently than once every seven days.
(c) Publishers' Box Corral. Any device which has been sanctioned by the Department of Licenses and Inspections and which is designed to group publishers' boxes in stable clusters.
(3) Specifications for Publishers' Boxes.
(a) Physical requirements. No person shall place, maintain or operate a publishers' box on the public sidewalk unless such publishers' box is in compliance with the following specifications for street-worthiness:
(.1) The publishers' box shall have a height of no less than 36 inches and no more than 52 inches; a width of no less than 15 inches and no more than 25 inches; and a depth of no less than 15 inches and no more than 21 inches.
(.2) The publishers' box shall be manufactured from 20-gauge zinc grip steel or thicker.
(.3) All hinge rods and springs on the box shall be made from steel.
(.4) Coin mechanisms, if any, shall be housed in the body of the publishers' box or in armored heads made from 12-gauge steel welded to the body of the publishers' box.
(.5) The publishers' box shall weigh no less than eighty (80) pounds, when empty of publications.
(.6) The publishers' box shall be manufactured from materials that permit easy removal or repair of rust, graffiti, glue and other signs of outdoor abuse, exposure or wear-and-tear, including refurbishing of faded or stained colors.
(.7) The door of the publishers' box shall be constructed with a window opening to display the front page of the current edition clearly, and the window opening shall be covered by plastic manufactured from no less than .060" polycarbonated clear plastic material.
(.8) Door handles shall be a loop-style handle with a minimum one-inch clearance, designed to allow pedestrians to slip their hands easily in and out of the handle.
(.9) Door springs shall meet the tension requirements of the Americans with Disabilities Act.
(.10) The publishers' box shall have one-inch diameter holes in the back of the publishers' box to allow for cables to be inserted for the secure installation of the publishers' box.
(b) Maintenance requirements. No person shall place, maintain or operate a publishers' box on the public sidewalk unless such person:
(.1) Maintains such publishers' box in good working order at all times.
(.2) Repairs any malfunctioning, vandalized or otherwise damaged publishers' box within seven calendar days of the occurrence of any such damage.
(.3) Keeps such publishers' box clean and free of graffiti, broken parts, pasted bills and debris of any description, including ruined or out-dated publications, including any publication with a cover date more than thirteen (13) days past.
(.4) Keeps such publishers' box free of all advertising, except for information regarding the publication offered or displayed in such publishers' box.
(c) Secure and safe placement. 509 No person shall place, maintain or operate a publishers' box on the public sidewalk unless such box is in compliance with the following:
(.1) Each publishers' box must be sufficiently weighted to be secure in all expected weather conditions.
(.2) No publishers' box shall be attached to any utility pole, traffic or parking sign or device, trash receptacle, fire hydrant, directional sign, bicycle rack, or other utility pole, fixture or any piece of street furniture.
(.3) No publishers' box shall be placed or maintained within 3 feet of the edge of a driveway, marked pedestrian crosswalk or curb cut; or within 5 feet of a sign designating a regular bus stop.
(.4) No publishers' box shall be placed or maintained within 3 feet of a fire hydrant.
(.5) No publishers' box shall be placed or maintained in any space so as to reduce the width of the pedestrian passageway on the sidewalk to less than 4 feet.
(.6) No two publishers' boxes displaying or offering the same publication for sale or distribution may be placed at the same intersection unless such publishers' boxes are located on separate quadrants of the intersection. No publisher may display or offer more than three of the same publication for sale or distribution at any intersection.
(.7) If no corral exists at an intersection where a publishers' box will be placed, all publishers boxes at that location must be kept a minimum of eighteen (18) inches from, and parallel to, the edge of the curb, with the publishers box opening facing toward the sidewalk and away from the curb; provided, however, that the Department may permit, by regulation, a different distance from the curb or a different orientation, if consistent with public safety and pedestrian convenience.
(.8) No publishers' box shall be placed on the radius of the curve at the corner of any City block or other sidewalk/street intersection.
(.9) No publishers' box shall be located more than thirty (30) feet from any intersection.
(4) Rules Regarding South Street, Benjamin Franklin Parkway, Logan Square, Rittenhouse Square, Franklin Square, Independence Mall, Washington Square, Manayunk and 20th and Spruce Streets vicinities. 510
(a) South Street. Between Broad street and Front street, no publishers' box shall be placed on South street; and no publishers' box shall be placed on any street that intersects with South street if the box is 511 less than twelve (12) feet from such intersection.
(b) Benjamin Franklin Parkway. No publishers' box shall be placed on the Benjamin Franklin Parkway; and no publishers' box 512 shall be placed on any street that intersects with the Benjamin Franklin Parkway if the box is less than twelve (12) feet from such intersection.
(c) No publishers' box shall be placed on the sidewalks abutting Logan Square, Rittenhouse Square, Franklin Square or Washington Square.
(d) No publishers' box shall be permitted in the Manayunk Area except in the vicinity of the following intersections, if located no less than 17 feet and no more than 23 feet from the intersection: 513
(.1) Main and Levering streets;
(.2) Main and Cotton streets;
(.3) Main and Lock streets; and
(.4) Carson and Cresson streets, but not including the corner south of Cresson street and west of Carson street.
(e) The Department or any authority designated by the Department shall develop equitable criteria to allocate space in the vicinity of such intersections in the Manayunk Area, where necessary, giving first priority to boxes displaying publications that historically have been located within thirty (30) feet of such location. 514
(f) No publishers' box shall be placed on the sidewalks abutting the National Museum for Jewish American History, located at the southeast corner of 5th street and Market street. 515
(g) No publishers' boxes shall be placed on any sidewalk at the intersection of 20th and Spruce Streets. 516
(5) Permits and Fees. No person shall place, maintain or operate a publishers' box on the public sidewalk unless such person procures an annual permit from the Department for each publishers' box owned and affixes such permit to such publishers' box. The owner or operator of a publishers' box that is taken out of service may remove the proof-of-permit from such publishers' box and affix such proof-of-permit to a comparable, replacement publishers' box, until the expiration of such permit. The proof-of-permit shall be affixed to the top of the publishers' box, so that it may be viewed and read while standing in front of the publishers' box. The Department shall issue a proof-of-permit to any applicant who:
(a) Provides the Department, on forms approved by the Department, with the name, business address, telephone number and facsimile number of the person designated by the owner or operator as responsible for the maintenance of the publishers' box.
(b) Pays a non-refundable application fee of twenty dollars ($20), which fee shall be credited toward the annual fee if the permit is issued, and an annual fee of fifty-five dollars ($55) per publishers' box; provided, however, that the Department may establish a different fee, from time to time, to recover any costs of administering or enforcing this Section. 517
(6) Publishers' Box Corrals.
(a) Publishers' box corrals may be placed and maintained on the public sidewalks by any City agency or by any authority designated by the Department at locations acceptable to the Department. The Department shall approve any proposed location where, as determined by the Streets Department, substantial pedestrian traffic, sidewalk congestion or the presence of a significant number of publishers' boxes within close proximity of one another suggests the need for certain limits on the number and placement of publishers' boxes.
(b) Subject to the limitations set forth elsewhere in this Section, the Department or any authority designated by the Department shall develop equitable criteria to allocate space within a publishers' box corral, where necessary, giving first priority to boxes displaying publications that are then currently displayed within thirty (30) feet of such corral.
(c) Nothing in this subsection 9-211(6) shall be interpreted to require that the City or any authority designated by the Department erect, maintain, repair or replace such Corrals. The Department or its designee may negotiate with Publishers or third parties to pay for the costs of erecting, maintaining, repairing or replacing such Corrals.
(d) Subject to the criteria established pursuant to subsection (b) above, the Department shall allow any person to place or maintain a publishers' box within a publishers' box corral, so long as such person maintains such box in conformity with all requirements of this Section and so long as no other reason or condition exists which would prohibit the placement of a publishers' box at that location.
(e) No person shall place or maintain any advertising on any publishers' box corral.
(f) No person shall place or maintain a publishers' box within a publishers' box corral unless the publishers' box is unobtrusively attached by cables, chains or otherwise to the corral so as to ensure stability of the publishers' box.
(g) No person shall place or maintain a publishers' box within thirty (30) feet of a publishers' box corral. If a corral or corrals exist at an intersection, all publishers' boxes at that intersection must fit within the corral(s). If no space is available in the corral, another intersection must be located. 518
(7) Removal of Damaged, Unused or Obsolete Publishers' Boxes.
(a) The Department or its designee may remove or cause to be removed from the sidewalk any publishers' box that:
(.1) Has remained damaged, vandalized or otherwise abused for ten (10) or more consecutive days so as to render it inoperative or a hazard to public safety and health;
(.2) Has been unused by a vendor, in times other than during work stoppages, for a period of fourteen (14) or more consecutive days;
(.3) Is otherwise in violation of this Section.
(b) Except where the Department, the Department of Streets, or other City agency determines that immediate removal is necessary to remediate a clear and present danger to the public health or safety, prior to removal of any publishers' box by the Department or its designee, the Department or its designee shall first give seven (7) days notice, by facsimile followed by first class U.S. mail, directing the owner or operator to remove the box or otherwise remediate the violation. The notice shall include:
(.1) the location of the violation;
(.2) the date when the violation was first noted;
(.3) a clear description of the violation;
(.4) the means to cure the violation and the date by which such cure must be completed;
(.5) a statement that the violation and notice of intent to remove may be appealed to the Department Commissioner or his or her designee, who shall decide such appeal within five days of receipt; and
(.6) a statement that the publishers' box will be removed by the Department or its designee, with the costs of the removal to be charged to the owner or operator, if the stated violations are not corrected or an appeal is not taken within the required time period.
(c) Upon removal by the Department or its designee of any publishers' box pursuant to this subsection, the Department shall:
(.1) Send notice by first class U.S. mail to the owner or operator of the publishers' box, describing the violation, the date on which the removal took place, where and how the publishers' box may be retrieved by the owner or operator, and the fees due for removal and storage.
(.2) Allow the owner or operator to retrieve the box upon payment of a removal fee of fifty dollars ($50) plus a storage fee of twenty dollars ($20) per day. 519
(8) Agreement with Service District Agency.
(a) The Department is hereby authorized to enter into an agreement ("Agreement") with the CCD or other authority, on such terms as may be determined by the Department, including reimbursement to the authority of its direct costs and overhead costs incurred in connection with services under the Agreement, in form satisfactory to the Law Department, for the authority 520 to provide consulting, design coordination, construction management and administrative management services assisting the Department in carrying out activities required by, or appropriate under, this Section, including, without limitation: conduct of periodic surveying of the Program Area to determine compliance with this Section; notification of non-complying publishers; site inspection to determine if compliance has been achieved; removal and storage of non-complying Publishers' Boxes; renegotiating locations upon the entry of a new publisher into the marketplace; periodic maintenance, graffiti removal and painting of Publishers' Box Corrals.
(9) Conflict with Fairmount Park Commission Rules and Regulations.
(a) Except as otherwise specifically provided, nothing in this Section shall supersede any statutes, rules or regulations promulgated by the Fairmount Park Commission, Historic Commission, or any other regulatory or governmental agency. Nothing in this Section shall create any rights to place, maintain or operate publishers' boxes on any property owned or operated by the Fairmount Park Commission. The issuance of a permit or proof-of-permit by the Department shall not be construed as permission by the City to place, maintain or operate publishers' boxes at the requested location.
Notes
| 507 | Added, Bill No. 990312 (approved June 24, 1999). See Section 1 of the Ordinance for City Council's findings and Section 3 of the Ordinance for severability provisions. Section 4 of the Ordinance provides that the Ordinance takes effect six months after it became law. Amended, Bill No. 050420 (became law July 8, 2005). Subsections (6)(e) through (6)(g) renumbered by Code editor. |
| 508 | Amended, Bill No. 990729 (approved December 31, 1999); amended, Bill No. 080493 (approved July 2, 2008), effective July 1, 2009; amended, Bill No. 090262 (approved June 24, 2009). Bill No. 090262 inadvertently omitted amendments contained in Bill No. 080493; therefore, the following language was added at the discretion of the Code editor: "(d) on Frankford avenue from the 5900 block to the 7600 block, inclusive; (e) on Torresdale avenue from the 5000 block to the 7600 block, inclusive". Amended, Bill No. 170962 (approved March 14, 2018). |
| 509 | Amended, Bill No. 090712 (approved December 1, 2009). |
| 510 | |
| 511 | Enrolled Bill No. 050420 read "if the box if less". |
| 512 | Enrolled Bill No. 050420 read "and no publishers' shall". |
| 513 | Added, Bill No. 090262 (approved June 24, 2009). |
| 514 | Added, Bill No. 090262 (approved June 24, 2009). |
| 515 | Added, Bill No. 090664 (approved November 4, 2009). Enrolled bill numbered this as subsection (d); renumbered by Code editor. |
| 516 | Added, Bill No. 150656 (approved December 23, 2015). |
| 517 | |
| 518 | Amended, Bill No. 090712 (approved December 1, 2009). |
| 519 | Amended, Bill No. 090712 (approved December 1, 2009). |
| 520 | Enrolled bill read "for the the authority". |
(1) Definitions. In this Section, the following definitions shall apply:
(a) Newsstand. A stationary structure used for the sale, display or offering for sale of newspapers, magazines and periodicals, other than a machine or other enclosed box capable of operation by pedestrians without the assistance of an attendant.
(b) Sidewalk. All that area legally open to the public use as a pedestrian public way between the curb line and the legal building line of the abutting property.
(c) Restricted Business District. 522 The area bounded by the Delaware River on the east, Washington Avenue on the south, the Schuylkill River on the west, Girard Avenue on the north; and the area bounded by the Schuylkill River on the east, University Avenue/Woodland Avenue on the south, Fortieth Street on the west, and Spring Garden Street on the north.
(a) It shall be unlawful for any person to place, maintain or operate a newsstand on any sidewalk without first obtaining a license and license identification plate from the Department. The Department shall by regulation specify the type and design of license identification plates, and the location at which such license plates must be affixed to a newsstand.
(b) Application for a newsstand license shall be made on a form to be supplied by the Department. No license shall be issued by the Department unless: 524
(.1) The applicant submits to the Streets Department a sketch showing the proposed location of the newsstand. The sketch must include:
(.a) The locations of the curb, footway width, building line and all other facilities and appurtenances on, above or below the footway and within fifteen (15) feet from any direction of the proposed newsstand.
(.b) Accurate dimensions of the newsstand, including width, length, height and any shelf, rack of other appurtenance (whether retractable or not) that extends beyond the facade of the newsstand.
(.c) The depth of any appurtenance that anchors the newsstand to the footway surface.
(.2) The proposed location of the newsstand has been reviewed and approved by the Streets Department. The Streets Department shall grant approval unless the location of the newsstand would violate any provision of The Philadelphia Code, other applicable law, or the regulations promulgated to implement this Section, or unless the proposed location would interfere with traffic or pedestrian safety.
(.3) The application has been reviewed and approved by the Committee of Highway Supervisors to ensure there is no interference with any underground utility or other underground facility, if the depth of any appurtenance that anchors the newsstand to the footway surface is four (4) inches or more below the grade of the surface of the footway.
(.5) The applicant posts a bond in form and amount satisfactory to the City Solicitor to indemnify the City for the cost of removal or relocation of the newsstand and all incidental costs.
(.6) The applicant pays a three hundred dollar ($300) nonrefundable initial application fee and a separate annual license fee of three hundred dollars ($300). The application fee shall be credited against the first year's license fee. 525
(.7) The applicant complies with such other regulations as the Department and the Department of Streets may promulgate to implement this Section.
(3) Sales from Newsstands. 526 No person shall sell or offer for sale from any newsstand any goods or other items except newspapers, magazines and periodicals, and, incidental to such business and subject to any additional licensing or permitting requirements applicable to the sale of a given item, paperback books, tobacco products, wrapped candy, cell phone accessories, including a cell phone charging station, pre-paid phone cards, camera accessories, rain gear, postage stamps, single-serve coffee brewing cups, factory pre-wrapped snack food items for immediate consumption, non-alcoholic beverages, including water, soft drinks and juices, and State Lottery tickets as provided for by the “State Lottery Law”, bill-paying service, SEPTA key cards, tickets to intercity and intracity bus services, hand sanitizers, face masks, toiletries, and non-prescription analgesics, including nonsteroidal anti-inflammatory drugs (NSAIDs), flowers, health products, beauty aids, wearing apparel of any kind pertaining to Philadelphia area sports teams such as shirts, caps or team jerseys, and ticket sales to sporting events, concerts, museums, the Philadelphia zoo and other local attractions.
(4) Location of Newsstands.
(a) There shall be no more than one newsstand on any corner, no more than two newsstands at any intersection and no more than two newsstands on one side of a blockface. For purposes of this subsection a blockface shall mean the street segment(s) encompassing an odd or even hundred block address range as defined by the Department of Streets Geographic Information System centerline file.
(b) No newsstand shall be placed or maintained on the sidewalk except in compliance with the following location restrictions. Newsstands shall be placed and maintained:
(.1) Only at the curb line, except that, with the written consent of the owner of the property abutting the sidewalk, a newsstand may be located at the building line of the property.
(.2) So that every part of the newsstand, including any roof overhang permitted under subsection 9-212(5)(a), is at least eighteen (18) inches from the curb line.
(.3) Clear of the full width of the legal or paved sidewalk on the intersecting street.
(.4) So that the footway space on the sidewalk is at least six (6) feet; provided, however, that, for newsstands placed on the sidewalk on or after July 1, 2013, the footway space on any high volume pedestrian street is at least eight (8) feet and on any civic/ceremonial street at least ten (10) feet; provided, further, that the Department of Streets may increase the necessary footway space at any location to adjust for increased pedestrian flow. The Department of Streets shall designate streets as high volume pedestrian or civic/ceremonial, as appropriate. 527
(c) Newsstands shall not be located on a traffic island, street divider or in any manner that would interfere with a fire hydrant hose connection.
(d) There shall be no newsstand within thirty (30) feet of:
(.1) any property classified as residential; or
(.2) any church, chapel, convent, synagogue, mosque, monastery, rectory or other place of worship and adjunct residential dwellings.
(e) There shall be no newsstand in the following locations:
(.1) both sides of 18th Street, between Walnut Street and Rittenhouse Square; and
(.2) both sides of West Rittenhouse Square, between Walnut Street and Rittenhouse Square; and
(.3) both sides of Walnut Street, between 18th Street and West Rittenhouse Square; and
(.4) both sides of Rittenhouse Square between 18th Street and West Rittenhouse Square; and
(.9) any street designated by the Department of Streets as either Auto-Oriented Commercial/Industrial; Park Road; Scenic Drive; Low-density residential; Shared Narrow; or Local; and 532
(.10) the north side of Arch Street, between 18th Street and 19th Street. 533
(g) There shall be a maximum of ninety (90) licenses issued for locations in the Restricted Business District. The Streets Department shall establish an equitable system to choose among applicants, to the extent applications for more than the foregoing maximum number are filed. 534
(5) Design of Newsstands.
(a) A newsstand shall not exceed four (4) feet in width, ten (10) feet in length, or nine (9) feet in height, except the roof may overhang those permitted dimensions by not more than four (4) inches on the curb side, twenty- four (24) inches on the sidewalk side, and twelve (12) inches on the other two sides, provided that the roof overhang allows a minimum vertical clearance of eight (8) feet above the sidewalk.
(b) No newsstand shall be constructed of any material other than aluminum, steel, fiberglass or other durable, nonflammable material.
(c) No newsstand may be electrified, and no telephone lines may be added, without specific approval of City Council by ordinance.
(d) Security gates are permitted on newsstands, provided that:
(.1) They are within the structure of the newsstand.
(.2) They do not increase the sales area of the newsstand.
(.3) They do not interfere with the minimum pedestrian right-of-way required by subsection 9-212(4)(b)(.4).
(.4) They are clean, painted and graffiti-free.
(.5) The unit which houses the gate must be totally concealed within the newsstand, allow a height clearance of no less than eight (8) feet, and project no more than fifteen (15) inches from the facade of the newsstand on the sidewalk side.
(e) Racks, shelves and shields shall be permitted only as follows, provided that in no event shall a rack, shelf or shield interfere with the minimum pedestrian right-of-way required by subsection 9-212(4)(b)(.4), and provided that all racks, shelves and shields are removed when the newsstand is not in use:
(.1) Two shelves immediately adjacent to the window opening shall be permitted, provided that no shelf shall project beyond the permitted ten foot length of the newsstand, and no shelf shall project more than twelve (12) inches from the facade of the newsstand on the sidewalk side.
(.2) One rack shall be permitted on each side of the window opening for the display of newspapers, magazines and/or periodicals, provided that each rack is installed on the front of the stand and parallel to the front of the stand, and no rack is hung from the roof of the stand, and provided the rack does not exceed twenty-four (24) inches in width, projects no more than three (3) inches from the facade of the newsstand on the sidewalk side, and does not exceed five (5) feet in height.
(.3) A shield to protect customers and merchandise during inclement weather may be hung from the newsstand and may overhang the sides, provided it does not project more than twelve (12) inches from the facade of the newsstand on the sidewalk side.
(f) No appurtenance for any advertising permitted by subsection 9-212(6)(b) may extend more than four (4) inches from the facade of the newsstand, nor above the roofline of the newsstand, and no such appurtenance may interfere with the minimum pedestrian right-of-way required by subsection 9-212(4)(b)(.4). Permitted advertising shall be limited to the following: 535
(.1) Advertising may include a band on the four sides of the newsstand not to exceed six (6) inches in height, located at least six (6) feet four (4) inches above the sidewalk. The band on the sidewalk side may be illuminated and advertisement thereon may be provided in electronic or digital media; the band on the remaining three sides may not be illuminated.
(.2) One advertisement may appear on each side of the newsstand, as follows: 536
(.a) Advertising on the street side of the newsstand may be a maximum of eight (8) feet wide by seven (7) feet high, and may be illuminated.
(.b) Advertising on each narrow side of the newsstand may be a maximum of thirty-six (36) inches wide by sixty (60) inches high, and may be illuminated.
(.c) Advertising permitted by subsection (.a) or (.b), above, may be provided in electronic or digital media; provided that such electronic or digital media shall neither be flashing nor animated, and shall not operate between the hours of 12:00 midnight and 6:00 a.m., Monday through Friday, or between 2:00 a.m. and 6:00 a.m., Saturday and Sunday. The Department of Streets is authorized to promulgate regulations, including maximum brightness rates, refresh rates and frequency of message changes, in order to minimize glare, preclude impairment of the vision of the driver of any vehicle, and preclude interference with the effectiveness of any traffic control device. 537
(.d) Advertising on the sidewalk side of the newsstand shall be limited to a video monitor no larger than forty-six (46) inches wide. 538
(.e) Notwithstanding the provisions of subsections 9-212(5)(f)(.2)(.a) and (.b), advertising consisting of a removable vinyl wrap or similar material shall be permitted to cover each narrow side and street side of the newsstand entirely but shall be prohibited on the sidewalk side of the newsstand.
(.3) Security gates may include a graphic logo identifying the owner or sponsor of the newsstand. The proposed design must be submitted to the Art Commission for approval. The logo may not be illuminated.
(.4) The advertising permitted hereunder shall be allowed only on Newsstands that comply with subsections 9-212(5)(a) and (b) and that specifically conform to a newsstand design approved by the Art Commission.
(g) All newsstands shall be painted in consistent colors approved by the Art Commission. The Art Commission shall consult with any Special Services District whose jurisdiction includes a newsstand location before approving paint colors. All painted surfaces, including any security gates, shall be coated with a clear anti-graffiti coating system approved by the Department.
(h) A movable awning shall be permitted on the sidewalk side of a newsstand, provided that: 539
(.1) The awning does not project more than twelve (12) inches from the facade of the newsstand on the sidewalk side when fully extended, except at certain locations as approved by the Philadelphia Streets Department and certain times of day where reducing excessive glare on the operators is needed to maintain business, as follows: 540
(.a) The awning may project thirty-six (36) inches from the facade of the newsstand;
(.b) The awning shall not reduce the minimum clear width of any sidewalk to less than ten (10) feet when fully extended;
(.c) The lower edge of the awning, not including the valance, is not less than seven (7) feet above the sidewalk when fully extended;
(.d) The awning does not have side panels;
(.e) The awning may include a movable twelve (12) inch valance that may be unrolled between 8:00 a.m. and 10:00 a.m. and 4:00 p.m. and 6:00 p.m. During all other times of the day the valance must be retracted;
(.f) The lower edge of the valance is not less than six (6) feet above the sidewalk when fully extended;
(.g) The valance be made of non-flammable material and bendable upon human contact.
(.2) The lower edge of the awning is not less than six (6) feet above the sidewalk when fully extended;
(.3) The awning, including brim reinforcement, is constructed of a non-rigid, nonflammable material and is bendable upon human impact; 541
(.4) The awning is fully retracted during non-working hours; and
(.5) The awning does not have side panels.
(i) On sidewalks where the newsstand, including all appurtenances and shelves, leaves less than ten (10) feet of clear footway, a newsstand that sells State Lottery tickets shall have a side window from which all such sales shall be conducted. 542
(6) Maintenance of Newsstands.
(a) All newsstands, including any security gate or other approved attachments, shall be painted and maintained so as to prevent rust, rot, graffiti and other deleterious conditions. All such deleterious conditions shall be removed or remedied within twenty-four hours of their appearance. 543
(b) Commercial advertising is permitted on newsstands, subject to the general restrictions on the size, placement and mode of advertising set forth in subsection (5), except that the advertisement of tobacco products, alcoholic beverages and adult cabarets, as that term is defined in Code subsection 14-601(7)(a)(.1) is not permitted. 544
(c) The holder of a license for a newsstand location shall not allow the area surrounding the newsstand to be littered as a result of the newsstand's operation.
(d) The footway surrounding a newsstand shall be maintained free of any ice that could form as a result of drainage from the newsstand.
(a) A newsstand shall be considered to be abandoned, shall be removed by the licensee, and is subject to removal by the Department if:
(.1) It is not in use for the sale of newspapers or magazines for a period of twenty (20) consecutive days; or
(.2) It is in use for the sale of newspapers or magazines for fewer than twenty (20) weekdays in any six (6) month period; or
(.3) The license holder does not comply forthwith with an order of the Department to remedy a violation of this Section; or
(.4) The licensee fails to pay all required City of Philadelphia business taxes; or
(.5) The license for the newsstand has been revoked.
(b) Upon a finding of abandonment, after proper notice to the license holder, the Department shall revoke the license. A finding of abandonment or a license revocation may be appealed to the Board of License and Inspection Review within thirty (30) days of the finding or revocation.
(a) Except where the Department or the Department of Streets determines that immediate removal is necessary to remediate a clear and present danger to the public health or safety, prior to removal of any newsstand pursuant to subsection 9-212(7), the Department shall first give ten (10) days notice by first class mail to the licensee at the address on file with the Department. Such notice shall direct the licensee to remove the newsstand or otherwise remediate the violation, and shall include:
(.1) The address where the violation has been found.
(.2) The date when the violation was first noted.
(.3) A description of the violation.
(.4) The means to cure the violation and the date by which the cure must be completed.
(.5) A statement that the violation and notice of intent to remove may be appealed to the Commissioner or his or her designee.
(.6) A statement that the newsstand will be removed by the Department or its designee, if the cure is not made or an appeal is not noticed within the required time period. 547
(b) Upon removal by the Department or its designee, the Department shall:
(.1) Send notice by first class U.S. mail to the licensee describing the violation, the date on which the removal took place, where and how the newsstand may be retrieved and the fees due for removal and storage.
(.2) Allow the licensee to retrieve the newsstand within thirty (30) days after notice was sent. 548
(c) A newsstand that has been removed by the Department shall not be reinstalled except upon re- application and issuance of a new license. 549
(d) Where the Department or any other government entity determines that the removal and relocation of a newsstand from an approved location, it shall be the sole responsibility of the party requiring the removal and relocation of the newsstand to pay the full amount of the relocation. 550
(9) Penalties and Enforcement. The provisions of subsections 9-205(9)(a) and (9)(c), relating to penalties and enforcement with respect to sidewalk vendors, shall apply to any violations of this Section, except that the penalty for a violation of subsection 9-212(5)(f)(.4) shall be a fine not exceeding two hundred dollars ($200). 551
(10) Construction. No part of this Section or the Section itself shall be construed to be in amplification or derogation of the rights or responsibilities of abutting property owners. Any remedy, right or obligation provided to such owners of property or their successors in interest under the Law of Real Property or the Laws of the Commonwealth of Pennsylvania shall be in addition to the remedies, rights, obligations or penalties provided hereunder.
Notes
| 521 | Added, Bill No. 000166 (approved June 16, 2000). |
| 522 | Added, Bill No. 130381 (approved June 17, 2013), effective July 17, 2013. |
| 523 | Former subsection (c) deleted, Bill No. 090777-A (approved February 17, 2010). |
| 524 | Amended, Bill No. 090777-A (approved February 17, 2010). |
| 525 | |
| 526 | Amended, Bill No. 120754 (approved January 23, 2013), effective February 22, 2013; amended, Bill No. 160513 (approved June 28, 2016), effective July 28, 2016; amended, Bill No. 190899 (approved December 30, 2019); amended, Bill No. 200591
(approved December 1, 2020); amended, Bill No. 230584 (approved November 13, 2023). |
| 527 | Amended, Bill No. 130381 (approved June 17, 2013), effective July 17, 2013. |
| 528 | Added, Bill No. 040112 (approved May 6, 2004). |
| 529 | Added, Bill No. 060634 (approved November 16, 2006). |
| 530 | Added, Bill No. 060632 (approved November 16, 2006). |
| 531 | Added, Bill No. 080574 (approved November 19, 2008). |
| 532 | Added, Bill No. 130381 (approved June 17, 2013), effective July 17, 2013. |
| 533 | Added, Bill No. 180728 (approved October 31, 2018). |
| 534 | Added, Bill No. 130381 (approved June 17, 2013), effective July 17, 2013. |
| 535 | |
| 536 | Amended, Bill No. 120754 (approved January 23, 2013), effective February 22, 2013. |
| 537 | Amended, Bill No. 130381 (approved June 17, 2013), effective July 17, 2013. |
| 538 | Amended, Bill No. 190899 (approved December 30, 2019). |
| 539 | Added, Bill No. 120754 (approved January 23, 2013), effective February 22, 2013. |
| 540 | Amended, Bill No. 190899 (approved December 30, 2019). |
| 541 | Amended, Bill No. 130381 (approved June 17, 2013), effective July 17, 2013. |
| 542 | Added, Bill No. 130381 (approved June 17, 2013), effective July 17, 2013. |
| 543 | Amended, Bill No. 090015-AA (approved August 17, 2009). |
| 544 | |
| 545 | Amended, Bill No. 130381 (approved June 17, 2013), effective July 17, 2013. |
| 546 | Caption amended, Bill No. 220527 (became law September 15, 2022). |
| 547 | Amended, Bill No. 220527 (became law September 15, 2022). |
| 548 | Amended, Bill No. 220527 (became law September 15, 2022). |
| 549 | Added, Bill No. 130381 (approved June 17, 2013), effective July 17, 2013. |
| 550 | Added, Bill No. 220527 (became law September 15, 2022). |
| 551 | Amended, Bill No. 090015-AA (approved August 17, 2009). |
(1) Definitions.
(a) Blockface. One Side of a segment of a street that does not extend beyond any intersection with another street, or portion thereof.
(b) Farmers' Market. An area where on designated days and times, growers and producers of horticultural and agricultural products sell those products directly to the public.
(c) Farmers' Market Entity. A person who organizes, manages and operates a Farmers' Market.
(d) Farmers' Market Vendor. A person or entity who exhibits, displays, offers for sale or sells exclusively horticultural or agricultural products, baked goods, prepared foods, or handmade products from any stand while at a Farmers' Market. 553
(e) Sidewalk. All that area legally open to public use as a pedestrian public way between the curb line and the legal house line of the abutting property.
(f) Stand. One or more showcases, tables, benches, racks, handcarts, pushcarts, canopies that do not require permits under the Fire Code, stalls or any other fixtures, devices or things which are used by a Farmers' Market vendor to display, exhibit, carry, transport, store, offer for sale, temporarily shelter, or sell any food, beverages, goods, wares or merchandise upon the sidewalk.
(g) Department. Unless otherwise specified, in this Section 9-213 "Department" shall mean the Department of Public Health.
(h) Farmers' Market Sponsor. A person or entity designated by the Farmers' Market Entity as a supporter of the Farmers' Market because it provides financial or other tangible support to the Farmers' Market. 554
(2) Registration.
(a) It shall be unlawful for any person to operate a Farmers' Market without first registering such operation with the Department. Each Farmers' Market entity will be assigned one registration number for each market it operates. Registrants shall submit information in form and content as instructed by the Department, including the information listed in subsection 9-213(3).
(b) The Department shall notify the Farmers' Market entity of approval or rejection of the registration application within 30 business days after receipt. Registrations shall be submitted annually.
(c) Approval of registration under this Section shall permit the Farmers' Market entity to conduct operations only on the blockfaces and/or street segments designated in the registration application. The Department shall determine whether the requested location, if in a public space or right-of-way, has been approved under subsection 9-213(7), and shall register no more than one entity for each approved location, in the order in which applications are received.
(3) Registration Approval. One registration number shall be issued by the Department to any Farmers' Market entity which is in compliance with the following provisions in connection with each location at which the entity will operate: 555
(a) The Farmers' Market entity furnishes the following information to the Department in a form and manner as instructed by the Department:
(.1) the applicant's selection of one or more approved locations, as provided in subsection 9-213(7), or a request to operate at other locations as provided in subsections (b) and (c) hereof; the number of Farmers' Market vendors to be present at each approved location, the types of products to be sold by each vendor, and the dates and times during which the applicant wishes to operate a Farmers' Market in each location; and
(.2) the applicant's current and valid Philadelphia commercial activity license number, unless the Farmers' Market entity is organized as a not for profit organization. 556
(b) An applicant proposing to operate a Farmers' Market on property under the management of the Department of Parks and Recreation shall also obtain, at no charge, a permit from the Department of Parks and Recreation at the discretion of the Department of Parks and Recreation based on the suitability of the location, following the issuance of a registration number by the Department.
(c) An applicant proposing to operate a Farmers' Market on privately-owned property shall first register with the Department as required by this Section, and shall be responsible for obtaining zoning approval, if required, for such Farmers' Market, in addition to obtaining written permission from the property owner.
(4) Proof of Registration.
(a) Each Farmers' Market entity shall keep a copy of its approved registration application and number or numbers at a central location. Each Farmers' Market entity, or at least one vendor at each market location, must be able to supply the registration number for the market location, if requested during market operations by Department staff or other enforcement agency employees. Registration numbers shall be used only by the entity to which they were issued and by any Farmers' Market vendor selling products as part of that entity's Farmers' Market and may not under any circumstances be transferred to any other person.
(5) Re-registration; Change in Entity or Vendor Information.
(a) A previously registered Farmers' Market entity shall send a new registration form to the Department within one year after its previous registration date if it intends to continue operations. If a registrant has not provided a new registration to the Department by thirty (30) days after its annual registration date, the registrant's blockface location shall be made available to any other qualified Farmers' Market entity applicant who seeks to operate a Farmers' Market at that location.
(b) A registrant shall, during the registration year, notify the Department in writing of any change in the information required by subsection 9-213(3), within thirty (30) days of such change.
(6) Trash Removal and Clean Up: Sanitation.
(a) The Farmers' Market entity and Farmers' Market vendors are responsible for maintaining the sidewalk within fifteen feet of their stands clean of all trash generated by their vending operations, and for washing the sidewalk in the area occupied by their stands whenever necessary to avoid the danger of slip and falls from spilled produce and goods.
(b) The Farmers' Market entity and Farmers' Market vendors must take with them at the end of each day all trash, litter, garbage and refuse generated by their vending operations. No registrant or vendor may place or deposit any trash, litter, garbage or refuse generated by his operations on the sidewalk, in any public receptacle, or on any private property without the express permission of the property owner.
(7) Permissible Locations. Farmers' Markets at the following locations shall be permitted:
(a) The sidewalk of the south side of Walnut Street and the west side of 18th Street between Walnut Street and Locust Street abutting Rittenhouse Square. 557
(b) East Passyunk Avenue between South Street and Bainbridge Street.
(c) The sidewalk of Midvale Avenue from Kelly Drive to the SEPTA Regional Rail overpass, provided that this location shall no longer be a permissible location after December 31, 2007.
(d) The sidewalk of the south side of the 3700 block of Powelton Avenue and the sidewalk of the south side of the 3600 block of Lancaster Avenue.
(e) The sidewalk of the north side of the 1200 block of Girard Avenue.
(f) The sidewalk of the north side of the 2700 block of Girard Avenue.
(g) The sidewalk of the south side of the portion of the 6100 block of Ridge Avenue between Krams Street and Leverington Avenue.
(h) Winston Road between Germantown Avenue and Mermaid Lane.
(i) The sidewalk of the northwest side of Carpenter Lane between Greene Street and Sherman Street.
(j) The sidewalk of Barnes Street between Oxford Avenue and Loney Street.
(k) The sidewalk of the east side of the 500 block of South 2nd Street.
(l) The southwest quadrant of Norris Square Park (the area of land bounded by west Susquehanna Avenue, north Howard Street, Diamond Street and north Hancock Street). 558
(m) The sidewalk and adjoining curb lane of the west side of South 23rd Street between Pine Street and Delancey Street. 559
(n) The sidewalk and adjoining curb lane of the east side of South Broad Street between South Street and Kater Street. 560
(o) The sidewalk of the east side of the 400 block of Frankford Avenue.
(p) The sidewalk of the southwest side of the 6400 block of Chew Street.
(q) The sidewalk in front of Weavers Way Co-op located at 2129 72nd Avenue. 561
(r) The sidewalk and the curb lane of the west side of the 500 block of South 43rd Street on Thursdays. The 500 block of South 43rd Street, between Baltimore Avenue and Chester Avenue, excluding the sidewalks, shall be permitted for use on Saturdays only, year round, between the hours of 7:00 a.m. and 3:30 p.m. 562
(s) The sidewalk of the east side of the 700 block of North 22nd Street.
(t) The southeastern quadrant of Julian F. Abele Park (the area of land bounded by 22nd Street on the west, Carpenter Street on the south, Montrose Street on the north and private residences on the east). 563
(u) The sidewalk of the north side of the 5200 block of Haverford Avenue.
(v) The sidewalk of the north side of the 5900 block of Summerdale Avenue.
(w) The sidewalk of Ridge Avenue from Merrick Avenue to S. Ferry Drive, provided that this location shall no longer be a permissible location after December 31, 2007.
(x) The sidewalk bounded by Tasker street, Passyunk avenue and Eleventh street. 564
(y) Reserved. 565
(z) The sidewalk of the median of the 400 block of South 2nd Street, also known as Headhouse Square, and the north bound travel lane of South 2nd Street between Lombard Street and Pine Street. 566
(aa) the sidewalk of the west side of the 300 block of south 25th Street. 567
(bb) the sidewalk in front of the Wyck House and Garden, located at 6012 through 6040 Germantown Avenue. 568
(cc) the parking lot located on the northwest corner of 9th Street and Montrose Street. 569
(dd) Aviator Park, the area of land bounded by 20th Street on the west, Race Street on the south, and the Benjamin Franklin Parkway on the northeast. 570
(ee) Canal View Park, the area of land located at 4418-24 Main Street. 571
(ff) The sidewalk and curb lane of the west side of Wadsworth Avenue between Bayard Street and Pickering Street. 572
(gg) The sidewalk and west curb lane of the west side of North 12th Street between Cuthbert Street and Arch Street. 573
(hh) The sidewalk of the east side of South Broad Street between Snyder and Jackson Streets. 574
(ii) The sidewalk of the east side of Germantown Avenue from Allens Lane for 175 feet south. 575
(jj) The sidewalk of the east side of S. 22nd Street between Cross Street and Tasker Street. 576
(kk) The sidewalk of the south side of Wharton Street between Hollywood Street and 29th Street. 577
(mm) The sidewalk of the west side of Broad Street from West Olney Avenue for 85 feet south. 579
(nn) The sidewalk of the west side of Germantown Avenue between North 10th Street and North Alder Street. 580
(oo) The sidewalk of the west side of south 58th Street between Chester Avenue and Kingsessing Avenue. 581
(pp) The sidewalk of the north side of Diamond Street from 33rd Street for 200 feet west. 582
(qq) The sidewalk of the west side of Frankford Avenue between Bustleton Avenue and Pratt Street. 583
(rr) The sidewalk and west curb lane of the west side of the 1400 block of Ridge Avenue, from Fairmount Avenue to North 15th Street. 584
(ss) The sidewalk of the south side of Lehigh Avenue between North Lawrence Street and 4th Street. 585
(tt) The sidewalks and curb lanes of both sides of the 3500 block of Ryan Avenue from Frankford Avenue and extending 156 feet northwest of the northwest line of Frankford Avenue, provided the hours of operation shall be Thursdays from 4 p.m. to 9 p.m., from April 1st through October 31st. 586
(uu) Pretzel Park, the area of land located at 4300 Silverwood Street, Philadelphia, PA 19127. 587
(vv) The sidewalk and curb lane of the north side of Chester Avenue from 43rd Street for 500 feet west. 588
(ww) Fairmount Avenue, north side between 19th street and Uber Street, Philadelphia, PA 19130, from June 7th to November 15th, Fridays 1:00 pm to 8:00 pm. 589
(xx) The sidewalk and adjoining curb lane of the east side of North Third Street from Poplar Street to Wildey Street. 590
(yy) The sidewalk on the north side of West Allegheny Avenue between North Bambrey and 26th streets. 591
(zz) The sidewalk and curb lane of the south side of Christian Street from 18th Street for 220 feet east. 592
(aaa) The sidewalk and curb lane of the south side of Woodland Avenue from 71st Street to 72nd Street. 593
(bbb) The sidewalk at the corner of Pleasant Street and Chew Avenue abutting the Pleasant Playground. 594
(ddd) The sidewalk and curb lane of the north side of Chestnut Street from 10th Street for 300 feet east. 596
(eee) The sidewalk and curb lane, including the three easternmost cut-in parking spaces, on the south side of Market Street from 3rd Street for 200 feet east. 597
(fff) The sidewalk of the north side of Mt. Vernon Street from 13th Street to Broad Street. 598
(ggg) The sidewalk and curb lane of the north side of West Tabor Road from North Park Avenue to North 13th Street. 599
(hhh) The sidewalk and adjoining curb lane of the north side on Ann Street from Mercer Street to Almond Street. 600
(iii) The sidewalk of the north side of Snyder Avenue from 8th Street for 25 feet east. 601
(jjj) The sidewalk and the curb lane of the west side of Castor Avenue in front of 6434 Castor Avenue. 602
(kkk) The sidewalk and curb lane of the east side of Germantown Avenue between East Church Lane and East School House Lane. 603
(lll) The sidewalk and adjoining curb lane of the east side of North Christopher Columbus Boulevard from the Race Street Pier to a point approximately 150 feet south of the Cherry Street Pier. 604
(mmm) The sidewalks and adjoining curb lanes of the east and west sides of North Front Street between Oxford Street and Cecil B. Moore Avenue. 605
(nnn) The sidewalk and the curb lane of the west side of South Broad Street between Morris Street and Castle Avenue. 606
(ooo) The sidewalk and the curb lane of the west side of Ogontz Avenue in front of 7178 Ogontz Avenue. 607
(ppp) The sidewalk and adjoining curb lane in the rear of 6301 Haverford Avenue. 608
(qqq) The sidewalk and the curb lane of the north side of Baltimore Avenue, between 58th Street and 59th Street. 609
(rrr) The sidewalk and the curb lane of the west side of South 52nd Street, between Pine Street and Osage Avenue. 609.1
(sss) The 4th District Container Village located at 4862-70 Parkside Avenue. 609.2
(ttt) The roadway and the sidewalks and adjoining curb lanes on both sides of Point Breeze Avenue between Reed Street and Wharton Street, the roadway and the sidewalks and adjoining curb lanes on both sides of South 21st Street between Reed Street and Wharton Street and the triangle located on Point Breeze Avenue between Reed Street and Earp Street. 609.3
The Department shall maintain and make available for public inspection during regular business hours a complete list of the above permitted Farmers' Market locations as designated by Ordinance and shall make such information publicly accessible on one of the City of Philadelphia's websites.
(8) Permitted Stand Designs and Required Stand Maintenance. A Farmers' Market vendors' stand must:
(a) not exceed fifty (50) feet in length and be easily dismantled in the event of an emergency;
(b) be placed at least five (5) feet in distance from any other stand;
(c) have signage limited to one sign, not to exceed the width dimensions of a single stand, to identify the producer; and other signs listing items sold, price, and related promotional graphics; and
(d) provide trash storage receptacle.
(9) Prohibited Locations. No person shall operate a Farmers' Market at any of the following locations:
(a) at any location other than the blockfaces or street segments designated in the Farmers' Market entity's registration;
(b) at any location that would unreasonably reduce the unobstructed pedestrian right-of-way;
(c) on medians of divided highways;
(d) on any portion of a sidewalk directly in front of any building entrance, loading dock or loading ramp, unless the Farmers' Market Entity obtains the express written permission of the building owner;
(e) within twenty-five feet upstream (in the direction from which vehicular traffic in the nearest curbside lane approaches) of any bus stop sign, unless the Farmers' Market Entity obtains the express written permission of the Department of Streets or the Southeastern Pennsylvania Transportation Authority;
(f) within ten feet of a subway entrance or exit, unless the Farmers' Market Entity obtains the express written permission of the Department of Streets or the Southeastern Pennsylvania Transportation Authority;
(g) within ten feet of a fire hydrant;
(h) within fifteen feet upstream of any mid-block crosswalk;
(i) within fifteen feet of any alley or driveway;
(j) within ten feet of a newsstand;
(k) within five feet of where the curbs have been depressed to facilitate pedestrian or vehicular movement.
(a) conduct itself or its business in such a way as would restrict or interfere with the ingress or egress of the abutting owner or tenant, or in such a way as would create or become a nuisance or hazard to public health, safety or welfare, or increase traffic congestion or delay, or constitute an obstruction to adequate access to fire, police, or sanitation vehicles;
(b) leave any stand unattended on a sidewalk at any time;
(c) conduct Farmers' Market operations between eleven (11) p.m. and six (6) a.m.; or
(d) permit any person or entity that is not either a Farmers' Market Vendor or a Farmers' Market Sponsor to exhibit, sell or dispense products or otherwise conduct business at a Farmers' Market. Farmers' Market Sponsors may sell goods and services other than those goods permitted to be sold by Farmers' Market Vendors pursuant to subsection (1)(d), but such activity may not occupy more than ten percent (10%) of the exhibit space (as measured in feet of stand frontage) at any Farmers' Market.
(11) Enforcement; Penalties.
(a) A violation of any provision of this Section shall be classified as a Class II offense and the penalty for such violation is, in addition to any other sanctions provided, a fine not exceeding the maximum fine for Class II offenses as set forth in Section 1-109. Each day of violation shall be deemed a separate offense. Violations may also result in a suspension of registration privileges for up to thirty (30) days, at one or more of the operator's assigned locations.
(b) The provisions of this Section may be enforced by the Department of Public Health, the Department of Licenses and Inspections, and the Streets Department, as appropriate.
(c) In addition to the penalties provided in subsection 9-213(11)(a), the Department, the Department of Licenses and Inspections or the Streets Department is hereby authorized, when a uniformed police officer is present, to remove any stand, equipment, goods, wares, merchandise or any other article or thing held for sale by any Farmers' Market entity or Farmers' Market vendor who uses the sidewalk or streets in violation of this Section and refuses to comply immediately with this Section upon written notice of violation and an order to vacate the sidewalk or streets. The Farmers' Market entity or Farmers' Market vendor shall be immediately notified of the place where his property can be reclaimed and shall be entitled to claim his property immediately upon payment of the costs of removal.
(12) Construction. No part of this Section or the Section itself shall be construed to be in amplification or derogation of the rights of responsibilities of abutting property owners. Any remedy, right or obligation provided to such owners of property or their successors in interest under the law of real property or the laws of the Commonwealth of Pennsylvania shall be in addition to the remedies, rights, obligations or penalties provided hereunder.
(13) Regulations. The Department, in cooperation with registered Farmers' Market entities, shall promulgate such regulations as it may deem necessary to aid in the administration and enforcement of the provisions of this Section.
Notes
| 552 | |
| 553 | Amended, Bill No. 150503 (approved June 30, 2015). |
| 554 | Added, Bill No. 150503 (approved June 30, 2015). |
| 555 | Amended, Bill No. 090777-A (approved February 17, 2010). |
| 556 | Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012. |
| 557 | Amended, Bill No. 090329 (approved June 19, 2009). |
| 558 | |
| 559 | Amended, Bill No. 100447 (approved June 30, 2010). |
| 560 | |
| 561 | Amended, Bill No. 100447 (approved June 30, 2010). |
| 562 | |
| 563 | Amended, Bill No. 100447 (approved June 30, 2010). |
| 564 | Added, Bill No. 051199 (approved June 15, 2006). |
| 565 | |
| 566 | |
| 567 | Added, Bill No. 070433 (approved September 20, 2007). |
| 568 | Added, Bill No. 070441 (approved September 20, 2007). |
| 569 | Added, Bill No. 070505 (approved September 20, 2007). |
| 570 | Added, Bill No. 070877 (approved November 29, 2007). |
| 571 | Added, Bill No. 090388 (approved June 19, 2009). Enrolled bill numbered this as subsection (z); renumbered by Code editor. |
| 572 | Added, Bill No. 090703 (approved December 1, 2009). |
| 573 | Added, Bill No. 090747 (approved January 13, 2010). Enrolled bill numbered this as subsection (ff); renumbered by Code editor. |
| 574 | |
| 575 | Added, Bill No. 100544 (approved January 5, 2011). Enrolled bill numbered this as subsection (hh); renumbered by Code editor. |
| 576 | Added, Bill No. 100675 (approved January 5, 2011). |
| 577 | Added, Bill No. 100675 (approved January 5, 2011). |
| 578 | |
| 579 | Added, Bill No. 110378 (approved July 19, 2011). |
| 580 | Added, Bill No. 110435 (approved July 19, 2011). |
| 581 | Added, Bill No. 110437 (approved July 19, 2011). |
| 582 | Added, Bill No. 110439 (approved July 19, 2011). |
| 583 | Added, Bill No. 110368 (approved August 9, 2011). |
| 584 | Added, Bill No. 120212 (approved June 6, 2012). |
| 585 | Added, Bill No. 120331 (approved August 27, 2012). |
| 586 | |
| 587 | Added, Bill No. 130241 (approved May 8, 2013). |
| 588 | Added, Bill No. 130379 (approved June 17, 2013). Enrolled bill numbered this as subsection (uu); renumbered by Code editor. |
| 589 | Added, Bill No. 130380 (approved June 17, 2013). Enrolled bill numbered this as subsection (vv); renumbered by Code editor. |
| 590 | Added, Bill No. 130462 (approved July 11, 2013). Enrolled bill numbered this as subsection (ww); renumbered by Code editor. |
| 591 | Added, Bill No. 140349 (approved June 4, 2014). Enrolled bill numbered this as subsection (zz); renumbered by Code editor. |
| 592 | Added, Bill No. 140382 (approved July 15, 2014). |
| 593 | Added, Bill No. 140382 (approved July 15, 2014). |
| 594 | Added, Bill No. 140520 (approved October 29, 2014). Enrolled bill numbered this as subsection (yy); renumbered by Code editor. |
| 595 | Added, Bill No. 150123 (approved March 24, 2015). |
| 596 | Added, Bill No. 150372 (approved June 2, 2015). |
| 597 | Added, Bill No. 150372 (approved June 2, 2015). Enrolled bill numbered this as subsection (ccc); renumbered by Code editor. |
| 598 | Added, Bill No. 150405 (approved June 30, 2015). |
| 599 | Added, Bill No. 150468 (approved June 30, 2015). Enrolled bill numbered this as subsection (ddd); renumbered by Code editor. |
| 600 | Added, Bill No. 160097 (approved April 19, 2016). |
| 601 | Added, Bill No. 170112 (approved April 17, 2017). |
| 602 | |
| 603 | Added, Bill No. 180753 (approved October 31, 2018). |
| 604 | Added, Bill No. 190320 (approved July 17, 2019). |
| 605 | Added, Bill No. 190320 (approved July 17, 2019). |
| 606 | Added, Bill No. 190410 (approved July 17, 2019). Enrolled bill numbered this as subsection (lll); renumbered by Code editor. |
| 607 | Added, Bill No. 200179 (approved November 10, 2020). |
| 608 | |
| 609 | Added, Bill No. 220515 (approved August 31, 2022). |
| 609.1 | Added, Bill No. 240380 (approved June 26, 2024). |
| 609.2 | Added, Bill No. 240424
(approved September 4, 2024). Enrolled bill numbered this as subsection (rrr); renumbered by Code editor. |
| 609.3 | Added, Bill No. 240812 (approved November 13, 2024). Enrolled bill numbered this as subsection (sss); renumbered by Code editor. |
| 610 | Amended, Bill No. 150503 (approved June 30, 2015). |
(1) Purpose. It is the purpose of this Section to ensure that tour guides, conducting tours for compensation on any public right-of-way in the Center City Tourist Area, have adequate knowledge of the geography, history, historic sites, historic structures, historic objects and other places of interest within that area, by requiring that such tour guides become certified. This Section is not intended to regulate persons offering or conducting tours in that area as volunteers, teachers providing information while sightseeing with their students, or persons offering or conducting tours on private property.
(2) Definitions. In this Section, the following definitions shall apply:
(a) Center City Tourist Area. The area of the City extending from the Delaware River to the Schuylkill River from Vine Street to South Street.
(b) Department. The department, office, agency or other entity designated by the Mayor to administer the provisions of this Section.
(c) Employee. An individual employed by a tour service company, including independent contractors.
(d) Public Right-of-Way. Property to which the public has a legal right of access including, but not limited to, public streets, highways, sidewalks, alleys, parks and squares.
(e) Tour Guide. Any person, whether self employed or an employee of a tour service company, who for compensation, offers to guide and direct or guides and directs one or more persons within the City and provides information on the City's geography, history, historic sites, historic structures, historic objects or other places of interest.
(f) Tour Service Company. Any sole proprietorship, firm, association, partnership, limited liability company, or corporation that operates tours in the City for compensation.
(3) Tour Guide Certificate.
(a) No person shall act as a tour guide on any public right-of-way within the Center City Tourist Area unless such person possesses a tour guide certificate issued in accordance with this Section.
(b) In order to secure a tour guide certificate, a person shall:
(.1) Submit a written application to the Department with such information as the Department shall require;
(.2) Be at least sixteen (16) years of age;
(.4) Pay a non-refundable application fee to the Department in the amount of twenty-five dollars ($25); and
(.5) Provide proof of general liability insurance, obtained by the applicant's employer or the applicant, if self employed, in an amount determined by the Office of Risk Management. Such proof of insurance shall be accompanied with a power of attorney instructing the insurance agency to notify the Department of any default or interruption of coverage for any reason, within ten business days of such default or interruption.
(4) Written Examination.
(a) The examination shall be administered, at least once a month, on a schedule published by the Department in a newspaper of general circulation and on the City's official website, and shall be designed to test the applicant's knowledge of the geography, history, historic sites, historic structures, historic objects and other places of interest in the Center City Tourist Area. After consulting with any group or agency the Department deems appropriate, the Department shall itself or, by contract, prepare and administer the examination. In determining the groups or agencies to be consulted, the Department shall give consideration to ensuring that they represent the racial, gender, ethnic and cultural diversity of the City.
(b) At the time of application, the Department shall provide the applicant with a syllabus, list of source materials, or both, from which examination questions shall be taken. The Department shall itself or, by contract, prepare the syllabus or list of source materials.
(c) The Department is authorized to charge an examination fee to the applicant, in addition to the application fee, in order to cover the reasonable costs associated with the preparation of materials and preparation and administration of the written examination.
(d) The grade necessary to pass the written examination shall be determined by the Department. There shall be no limit to the number of times an applicant may take an examination in order to receive a passing grade. Applicants shall be notified, in writing, of the grade received on the examination.
(e) If an applicant receives a passing grade on the examination and satisfies all other requirements of this Section and any other applicable laws, the Department shall:
(.1) Issue a tour guide certificate to the applicant, indicating that the applicant is a certified tour guide for the Center City Tourist Area; and
(.2) Issue an identification badge to the applicant that shall be designed to be worn on the person of the applicant and shall include a photograph of the applicant and such other information the Department deems necessary to identify the applicant as a certified tour guide.
(f) If an applicant fails to receive a passing grade on the examination, the Department shall, in addition to the notification required by subsection 9-214(4)(d), notify the applicant that he or she may retake the examination on the next scheduled examination date, without filing a new application and application fee. The applicant shall, however, pay an examination fee for any examination that the applicant retakes.
(g) Exemption from Written Examination. Any tour service company, having an educational program through which it instructs and evaluates its tour guide employees who conduct tours within the Center City Tourist Area, may request an exemption for such tour guides from the written examination requirement. Such request shall be made, in writing, to the Department, after which the Department shall evaluate the educational program. If the Department determines that the educational program and method of evaluating tour guides is equivalent to or exceeds the written examination required by this Section, then it shall exempt the tour guide employees of such company from the written examination. Such tour guides, however, remain subject to all other requirements of this Section.
The educational programs of tour service companies that have received exemptions from the Department shall be reevaluated by the Department every two (2) years.
(5) Duration of Certificate. Any certification issued to a tour guide under this Section shall be valid for a period of two (2) years from the date of issuance.
(6) Recertification. Any tour guide subject to the requirements of this Section shall be recertified every two (2) years by complying with either of the following:
(a) Completing four (4) hours of continuing education provided by the Department, itself, or by contract; or
(b) Completing a continuing education program provided by a tour service company that has been approved for continuing education by the Department in the manner set forth for exemptions under subsection 9-214(4)(g).
(7) Certificate Non-transferable. A tour guide certificate shall be specific to the person to whom it is issued and shall not be transferable. Any person who has been issued a certificate shall notify the Department of any change of address or employer address within thirty (30) days of such change.
(8) Identification Badge. Any tour guide, required to be certified by this Section, shall wear the identification badge, issued by the Department, on his or her person in a visible manner, at all times, while offering to conduct or conducting any tour in the Center City Tourist Area.
(9) Certified Tour Guide List. The Department shall maintain a current list of all certified tour guides and shall publish such list on the City's official website.
(10) Exemptions. The provisions of this Section shall not apply to persons offering to conduct or conducting tours as volunteers, teachers providing information while sightseeing with their students, or persons offering or conducting tours on private property.
(11) Regulations. The Department is authorized to promulgate such regulations as are necessary or appropriate to implement the provisions of this Section.
(12) Enforcement. The provisions of this Section shall be enforced in accordance with the provisions of Section 1-112 of this Code. In the case where the person, violating the provisions of this Section, is an employee of a tour service company, the tour service company and the employee shall be jointly and severally liable for such violation.
(13) Penalties. In addition to the penalties set forth in subsection 1-109(1) of this Code, the Department of Licenses and Inspections may revoke the commercial activity license of any person, including any tour service company, for a period of not less than six (6) months nor more than one (1) year, upon his or her third violation of the provisions of this Section within a period not to exceed three years. 612
(14) Reporting Requirement. No later than 24 months after the effective date of this Section, the Department, after consulting with any group or agency it deems appropriate, shall issue a report to Council regarding its assessment of the tour guide certification program and shall include in such report any recommendations it may have regarding such program, including expanding the program to include the entire City. In determining the groups or agencies to be consulted, the Department shall give consideration to ensuring that they represent the racial, gender, ethnic and cultural diversity of the City.
Notes
| 611 | Added, Bill No. 080024-A (approved April 16, 2008), effective October 13, 2008. |
| 612 | Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012. |
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