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§ 9-213. Farmers' Markets. 552
   (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
      (ll)   The sidewalk and curb lane of the west side of the 1600 block of East Moyamensing Avenue. 578
      (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
      (ccc)   The sidewalk, adjoining curb lane, and parking lot located at 1290 Southampton Road (notwithstanding any contrary provision in Title 14). 595
      (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.
   (10)   Other Prohibited Conduct. 610 No Farmers' Market Entity or Farmers' Market Vendor shall:
      (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
   Added, Bill No. 050384 (approved June 29, 2005); amended, Bill No. 140010 (approved March 21, 2014).
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
   Amended, Bill No. 100447 (approved June 30, 2010); amended, Bill No. 120331 (approved August 27, 2012).
559
   Amended, Bill No. 100447 (approved June 30, 2010).
560
   Amended, Bill No. 100447 (approved June 30, 2010); amended, Bill No. 130462 (approved July 11, 2013).
561
   Amended, Bill No. 100447 (approved June 30, 2010).
562
   Amended, Bill No. 130379 (approved June 17, 2013); amended, Bill No. 170305 (approved May 22, 2017).
563
   Amended, Bill No. 100447 (approved June 30, 2010).
564
   Added, Bill No. 051199 (approved June 15, 2006).
565
   Added, Bill No. 060343 (approved June 15, 2006); deleted, Bill No. 100447 (approved June 30, 2010).
566
   Added, Bill No. 070152 (approved May 9, 2007); amended, Bill No. 130462 (approved July 11, 2013).
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
   Added, Bill No. 100100 (approved May 12, 2010). Enrolled bill numbered this as subsection (gg); renumbered by Code editor. Amended, Bill No. 120300 (approved June 6, 2012).
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
   Added, Bill No. 110260 (approved May 25, 2011). Enrolled bill numbered this as subsection (ii); renumbered by Code editor. Amended, Bill No. 150372 (approved June 2, 2015).
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
   Added, Bill No. 120518 (approved August 27, 2012); amended, Bill No. 140634 (approved October 29, 2014).
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
   Added, Bill No. 180561 (approved July 10, 2018); amended, Bill No. 190011 (approved March 6, 2019).
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
   Added, Bill No. 210180 (approved April 14, 2021).
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).
§ 9-214. Tours on the Public Right-of-Way in the Center City Tourist Area. 611
   (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;
         (.3)   Take and pass a written examination, as required by subsection 9-214(4), or provide proof of exemption under subsection 9-214(4)(g);
         (.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.
§ 9-215. Streeteries.  613
   (1)   The Department of Licenses and Inspection and the Department of Streets are hereby authorized to establish, by regulations not inconsistent herewith, standards and procedures for the issuance and enforcement of licenses for use of portions of the Right-of-Way for outdoor dining, including closure of part or all of the street, such as on-street parking spaces.
   (2)   Occupancy of the Right-of-Way for the purposes of outdoor dining pursuant to such licenses are referred to in this section as "Streeteries", which term also refers to all furniture, structures, platforms or protective barriers associated with any Streetery.
   (3)   Such regulations shall provide for standards concerning license issuance and standards of operation that are designed to protect public safety and the orderly, safe and efficient use of the Right-of-Way by pedestrians and vehicles and shall include, at a minimum, the standards set forth in this Section 9-215.
      (a)   Streeteries shall be located within the following geographic boundaries, and such other locations as shall be approved from time to time by the Departments of L&I, Streets and the City Council:  614
         (.1)   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 south houseline of Spring Garden Street;
         (.2)   within the geographic boundaries of the following Special Services and Business Improvement Districts:
            (.a)   Fishtown Kensington Area Bid;
            (.b)   South Street Headhouse District;
            (.c)   Old City Special Services District;
            (.d)   East Passyunk Avenue BID;
            (.e)   Center City District;
\            (.f)   Northern Liberties Bid; and
            (.g)   Manayunk Special Services District;
         (.3)   both sides of Fairmount avenue between 15th street and 25th street;
         (.4)   on Broad street, between Bainbridge street and the north houseline of Washington avenue;
         (.5)   within the geographic boundaries of the Third Council District;
         (.6)   on East Passyunk avenue, both sides, between Broad street and Federal street;
         (.7)   on Ninth street, both sides, between Christian street and Federal street;
         (.8)   on Germantown avenue, both sides, from Creshiem Valley road to Rex Avenue;
         (.9)   Wadsworth avenue both sides, Michener avenue to Cedarbrook Avenue;
         (.10)   Reserved;
         (.11)   Washington Avenue, both sides, Broad Street to 25th Street; and
         (.12)   Snyder Avenue, both sides, Broad Street to 25th Street.
      (b)   Streeteries shall be no wider than 6 feet and are only permissible in connection with eating establishments that primarily are engaged in the business of food preparation on the premises for sale to customers substantially for on-premises consumption and that maintain at least three tables for indoor dining on a regular basis.
      (c)   A Streetery shall only be operated for business between the hours of 7:00 a.m. and 10:00 p.m. Sunday through Thursday and 7:00 a.m. until 11:00 p.m. on Friday and Saturday.
      (d)   A Streetery shall not be located in a travel lane of any type, including a bicycle lane, unless located as part of a closure of an entire street.
      (e)   The number of Streetery dining seats may not exceed the total number of dining seats located in the interior dining locations of the restaurant.
      (f)   No Streetery is permissible without the written agreement of the property owner of the abutting or adjacent property or the property owner's designee.  614.1
      (g)   A Streetery may only be located in the parking lane portion of the Right-of-Way directly abutting the restaurant in connection with which the license is obtained, or in the parking lane portion of the Right-of-Way abutting a property adjacent to that restaurant, pursuant to standards established by regulation, including concerning required authorizations related to the adjacent property.  614.2
   (4)   License Application and Renewal.
      (a)   No streetery may be operated without a valid license or in connection with an establishment that is not licensed to serve prepared food. Applications for licenses shall be made to the Department of Licenses and Inspections and shall include, at a minimum, the following:
         (.1)   Dimensions of the proposed Streetery seating boundaries;
         (.2)   Proof of insurance and attestation that application for such license constitutes agreement to the insurance, indemnification and removal requirements as set forth in subsection (7) below.
         (.3)   Approval from the Department of Streets confirming that the proposed Streetery meets the placement requirements and restrictions on location of this Section and regulations established under this Section.
         (.4)   Photographic proof, in such form as determined by regulation, that for a minimum of ten (10) consecutive days prior to application, but beginning no more than thirty (30) days prior to application, the applicant has posted at a conspicuous location in the front window or on the front door of the restaurant to which the Streetery will be accessory, in such form established by regulation, notice of the intent to apply for a Streetery license and which identifies the specific proposed location of the Streetery.
         (.5)   A non-refundable application fee in the amount of two hundred dollars ($200). If a license is granted, the application fee shall be credited towards the first annual license fee.
   (5)   Safety and Accessibility.
      (a)   At a minimum, safety, placement and accessibility standards for Streeteries shall include the following:
         (.1)   Barrier Protection. All Streeteries must be protected by a crash-proof physical barrier abutting any portion of the Streetery alongside of which, vehicular traffic passes at any time, pursuant to such standards as established by regulation.
         (.2)   Vehicle Passage. No portion of any Streetery, including a protective barrier associated with the Streetery, shall reduce vehicle clearance in any portion of the right of way to less than 12 feet.
         (.3)   Accessibility. All Streeteries must be accessible, pursuant to standards established by regulation.
         (.4)   Pedestrian, Accessibility and Transit Passage. No portion of any Streetery, including a protective barrier, may be placed within: 15 feet of any fire hydrant; 20 feet of a crosswalk, pedestrian street-crossing curb cut or a bus or other transit stop; or within 30 feet of any flashing signal, stop sign, yield sign or traffic-control signal.
   (6)   Streetery Structures.
      (a)   Structures built or maintained as a Streetery must conform to any standards established by regulation and must conform in all respects with all requirements of Title 4 of The Philadelphia Code (The Philadelphia Building and Occupancy Code).
      (b)   All such structures must be removable within 48 hours upon notice from the City of Philadelphia or such lesser time established by regulation.
      (c)   No platform or structure may be placed on top of a utility manhole cover or hinder access to or prevent proper ventilation of utility structures (both buried and above ground) for emergency repairs or planned maintenance and inspections in accordance with federal or state laws, codes or regulations. Utility providers shall not be held liable for and shall not be required to pay any costs for relocation, removal or damage to any streetery structures, resulting from forced access to utility structures in the event of emergency repairs or planned maintenance or inspections.
   (7)   Insurance, Indemnification and Removal.
      (a)   The licensee must agree 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 Streetery, or by the acts or omissions of the employees or agents of the licensee in connection with such Streetery. The licensee shall also agree to release the City from any and all claims relating to its Streetery, including, but not limited to, loss of business and/or value of the Streetery when it is ordered removed or when street, sidewalk or utility construction occurs;
      (b)   The licensee must agree 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, in an amount determined by the Risk Manager. The policy shall afford comprehensive general liability insurance including contractual liability insurance coverage the licensee's indemnification and hold harmless obligations under subsection (a) 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 Streetery license. Within ten (10) days of the approval of the Streetery 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;
      (c)   The licensee must agree in writing, in a form satisfactory to the City Solicitor, to remove any barriers, furniture, structures or platform associated with the Streetery, and to repair any portion of the right-of-way damaged by the Streetery, upon written notice from the City that:
         (.1)   a portion or all of the Streetery no longer meets the requirements of this Section or other applicable laws, is operating in violation of the law, or is no longer in regular operation;
         (.2)   a portion of all of the Streetery must be removed to accommodate a City or City-sponsored public project;
         (.3)   the Streets Department has granted another person a temporary permit to close some or all of the portion of the right-of-way occupied by the Streetery;
         (.4)   the restaurant to which the Streetery is accessory has been temporarily or permanently closed for violation of any law; or
         (.5)   the Streetery has damaged any part of the right-of-way.
      (d)   The licensee must obtain 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 Streetery, restoration of the public right-of-way, and all incidental costs.
   (8)   License fee; Administration and Enforcement Fee; Emergency Streetery Removal Fund.
      (a)   The annual fee for a Streetery license is two hundred dollars ($200).
      (b)   The Departments of L&I and Streets are hereby authorized to impose an administration and enforcement fee for the costs of administering and enforcing the terms and conditions set forth herein.
      (c)   The Departments of L&I and Streets are further authorized to impose a fee to cover the cost of immediate removal of a Streetery in the event of an emergency or other necessity.
   (9)   Penalties and Enforcement.
      (a)   This Section may be enforced by any individual authorized to enforce this Code.
      (b)   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 of up to three hundred dollars ($300) per day, per violation.
      (c)   A Streetery license may be suspended or revoked based on violations of this Section or regulations issued hereunder, or other applicable law.
      (d)   Removal of any barrier, furniture, platform or structure based on the provisions of subsection (7)(c) or based on any violation of this Section or other applicable laws, or repair of any damaged portion of the right-of-way, shall be at the sole expense of the licensee. The City is hereby authorized, upon a determination that removal or repair of the right-of-way must be carried out by the City, to charge the costs of such removal or repair, including administrative costs, to the licensee. The Law Department may take action to collect such costs by lien or any other method. If removed property is not claimed within 10 days of notice of its removal by the City, the City is authorized to dispose of any such property.

 

Notes

613
   Added, Bill No. 210776 (became law January 20, 2022), effective March 8, 2022.
614
   Amended, Bill No. 220111 (approved March 23, 2022), effective March 8, 2022; amended, Bill No. 220143 (approved March 30, 2022), effective March 8, 2022.
614.1
   Amended, Bill No. 240331 (approved June 5, 2024).
614.2
   Amended, Bill No. 240331 (approved June 5, 2024).