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(1) Definitions.
(a) Precious metals. Items of gold, silver, platinum, and their alloys, including, but not limited to, jewelry, but excluding coins and bullion.
(b) Dealer in precious metals or dealer. 886 An individual, partnership, association, corporation, or other business entity including an itinerant merchant doing business in the City of Philadelphia which purchases or makes appraisals of precious metals and their alloys for resale to refiners, brokers, or the public.
(2) Licenses. 887 No person shall engage in the business of, or be employed as a dealer in precious metals unless he or she first obtains a license from the Department of Licenses and Inspections for each location from which that person seeks to act as a dealer in precious metals.
(a) No registration shall be accepted unless the applicant furnishes the Department with an application setting forth:
(.1) the name, home and business address and telephone number of the dealer in precious metals;
(.2) the exact location(s), if other than the business address of the dealer, where transactions in precious metals are to be conducted;
(.3) the former business address of the dealer for the preceding three years; and
(.4) such other information as the Department may require.
(b) The registrant shall notify the Department, in writing, within seventy-two (72) hours, of any changes in the information supplied to the Department.
(c) The applicant for a license hereunder shall pay an annual license fee of two hundred dollars ($200) for each location from which the applicant intends to operate. 888
(d) All registrations shall be conditioned upon continued compliance with the provisions of this Section.
(3) Weighing Devices. 889 All scales or other devices used by dealers to weigh precious metals must be of a type approved for commercial use in the Commonwealth of Pennsylvania and must be inspected and sealed by the Pennsylvania Bureau of Ride and Measurement Standards' Weights and Measures Division.
(a) The dealer in precious metals must notify the Pennsylvania Bureau of Ride and Measurement Standards' Weights and Measures Division whenever a weighing device is moved from one location to another. 890
(b) All weighing devices shall be so positioned that their indications may be accurately read and the weighing operation observed by the seller.
(4) Price Posting. The dealer shall post a conspicuous sign in proximity to the place where weighings are made quoting the prices offered for the various units and fineness of precious metals.
(6) Customer Identification. 892 No dealer in precious metals may purchase or receive precious metals for resale from, or may exchange precious metals with, a customer without first securing adequate identification from the customer. "Securing adequate identification" means that at the time of the transaction, the dealer shall take a digital photograph of the customer, obtain a clear imprint of the customer's left thumbprint and have the customer present one of the following types of identification:
(a) A valid identification document issued by a state or federal government containing a photograph;
(b) A valid motor vehicle operators license issued by any state and containing a photograph;
(c) A valid military identification card containing a photograph;
(d) A valid passport;
(e) A valid alien registration card containing a photograph;
(f) A valid senior citizens identification card containing a photograph.
(a) Every dealer in precious metals shall utilize a secure, internet-accessible electronic inventory tracking system, as designated by the Police Department. Each dealer shall maintain on its premises a computer which is capable of securely and confidentially uploading all required tracking information, as specified by the Police Department, via the internet to an entity designated by the Police Department. No later than the conclusion of each business day, every dealer must upload, in the manner specified by the Police Department, the required tracking information for all precious metals purchased or exchanged during the course of business on that day.
(b) The Department of Licenses and Inspections shall issue regulations designating the internet- accessible electronic inventory tracking system to be used by each dealer in precious metals and the required tracking information to be recorded for each transaction. The entity chosen by the Police Department to administer the electronic inventory tracking system shall insure that all data remains secure and confidential by providing login security protocols to each dealer which meet current industry standards and shall employ state of the art technology to protect the data from all forms of unauthorized access and malicious intrusion. The Department of Licenses and Inspections may, by regulation, provide for a fee of up to four hundred dollars ($400) per location to defray the costs of the internet-accessible electronic inventory tracking system.
(a) Every dealer in precious metals shall keep any purchased, received or exchanged precious metals for at least 30 days from the date of receipt either on the dealers' premises or, if permitted under state law, at another suitable place for safekeeping; except that any person who presents adequate identification as set forth in subsection (6)(a) to (6)(f) to demonstrate that he or she is the person named in the electronic inventory tracking system as the owner of the precious metals may retrieve the precious metals prior to the expiration of the holding upon repayment to the dealer in precious metals of the purchase price paid to the customer by the dealer in precious metals and payment of any storage fee not to exceed twenty-five percent (25%) of that purchase price.
(b) During the holding period, any precious metals subject to the holding period shall be segregated from the dealer's other inventory to insure that it is not placed in an area or section where precious metals are offered for sale and may not be altered in any manner. The dealer shall permit any law enforcement officer to inspect any purchased precious metals during the holding period without the need to present a warrant or subpoena. Where any precious metals are held off the premises, a dealer shall make the item available for inspection within 24 hours after receiving the written request of a law enforcement officer to inspect an item. Any law enforcement officer who has reason to believe any precious metals were not sold or exchanged by the lawful owner may direct a dealer to hold those precious metals for a reasonable length of time that the law enforcement officer considers necessary to identify it.
(c) Exception for customer return or exchange. Nothing in this subsection (8) shall apply to the return or exchange of any precious metals purchased from or exchanged with that dealer.
(9) Records Required. 895 All dealers in precious metals shall maintain records of each transaction in which they purchase precious metals from the public or give a statement of appraisal. Such records shall be retained for a period of two (2) years from the date of the transaction. These records shall include:
(a) the date of the transaction;
(b) a description of the precious metal or metals involved in the transaction including:
(.1) net weight in terms pounds Troy, ounces Troy, pennyweight (Troy) or kilograms/grams;
(.2) fineness in terms "karat" for gold and "sterling or coin" for silver;
(c) legal name and address of the purchaser or appraiser;
(d) the seller's name and address;
(e) the seller's motor vehicle operator's number, or Social Security number, or other comparable identification number; and
(f) the seller's left thumbprint.
(10) Compliance with State Law. 896 All dealers in precious metals shall comply with all provisions of applicable state law, in particular the Act of February 24, 1984, Pa. Laws 92, No. 17, as amended (codified at 73 P.S. §§ 1931 et seq.).
(11) Penalties, Cease Operations Orders and License Revocations. 897 A violation of any provision of this Section shall be classified as a Class III offense and the penalty for such violation is, in addition to any other sanctions provided, a fine not exceeding the maximum fine for Class III offenses as set forth in Section 1-109. In addition to the penalties provided in Section 1-109, any dealer in precious metals who violates any provisions of this Section shall have all of his licenses revoked for ninety (90) days for the first offense and for a period of one (1) year upon each succeeding offense. The provisions of Section 9-105 shall not apply to violations of this Section.
(a) During any period of license revocation, each and every location of the dealer's business where violations have occurred shall cease operation as a dealer in precious metals. The Department shall issue a Cease Operations Order for each business location operated by the dealer whose license(s) have been revoked in accordance with The Philadelphia Administrative Code, provided that the Cease Operations Order shall identify the prohibited operations and shall state that the applicable license has been revoked for violation(s) of the Code. The Cease Operations Order shall be in force for the full period of any license revocation, and shall set forth this period in the Order. The Department shall not remove any posted Cease Operations Order until the Department is satisfied that all revoked licenses have been restored, or the property interests in the location have changed so that neither the person under license revocation nor any member of his immediate family, or in the case of a corporation, the corporation or any affiliated business entities retain a pecuniary interest therein.
(b) No new dealer in precious metals shall be issued a license for a business location that has been posted with a Cease Operation Order, so long as any person under a license revocation, or any member of such person's immediate family, or in the case of a corporation, the corporation or any affiliated business entities, retain a pecuniary interest in the property at that location.
Notes
| 885 | Added, 1981 Ordinances, p. 132; amended by deleting subsection (6), 1990 Ordinances, p. 715. |
| 886 | Amended, Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011. |
| 887 | |
| 888 | Amended, 1992 Ordinances, p. 550; amended, Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011. |
| 889 | |
| 890 | Amended, Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011. |
| 891 | Former subsection (5) renumbered as subsection (9), Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011. Enrolled bill did not provide for a new subsection (5); reserved by Code editor. |
| 892 | Added, Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011. |
| 893 | Added, Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011. |
| 894 | Added, Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011. |
| 895 | |
| 896 | New subsection added, 1993 Ordinances, p. 124 ; renumbered, Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011. |
| 897 |
(1) Definitions. In this Section the following definitions apply:
(a) Service station or other retail establishment. Any person, firm, or corporation engaged in the sale or offer for sale at retail, of motor fuel from approved dispensing devices.
(b) Motor fuels. Gasoline, gasohol diesel, or any other fuel developed and used as fuel for internal combustion engines.
(c) Dispensing device. An approved device designed for the measurement and delivery of liquids used as fuel for internal combustion engines.
(2) Signs. The owner or operator of a service station or other retail establishment shall post and keep posted on the individual dispensing device where retail motor fuel is sold or offered for sale, a sign or placard at least twelve (12) inches in height and at least twelve (12) inches in width, stating clearly and legibly in whole numerals and fraction of a cent numerals, the selling price per gallon of such retail motor fuel, or price per liter, whichever is applicable. When the price per liter is displayed, the price per gallon must also be indicated. Such selling price shall be clearly legible and visible to the operator of a vehicle approaching the station.
(a) Whole numerals shall be at least five (5) inches in height and three-quarter inch in thickness and the fraction of a cent numerals shall be at least one-half the height and thickness of the whole numerals.
(b) Where such dispensing device dispenses more than two different priced grades of motor fuel, only the highest and lowest selling prices per gallon (or liter, if being sold by the liter), of such motor fuel must be posted in conformance with all other provisions of this Section.
(c) Such sign shall also indicate that the federal, state, and local taxes are included in such selling prices per gallon or per liter, if being sold by the liter.
(d) Said sign shall also indicate, where applicable, whether the price is for "partial self-service" or "full- service" and must be consistent with the prices indicated on the dispensing device.
(e) All other price signs relating to motor fuel displayed on or about the premises shall conform with the following:
(.1) Where there is more than one grade of motor fuel or more than one price for the same grade of motor fuel, the sign or signs shall clearly indicate both prices for the same grade of gasoline and the type of service to which each price refers.
(.2) Said sign shall be clearly legible and visible and shall conform with the provisions of (2)(a), (2)(c), and (2)(d) of this Section.
(3) Prohibited Signs. No signs indicating the price for commodities other than retail motor fuel as required in this Section, may be posted on or about the retail motor fuel dispensing device. Nor may any signs on the premises be used in any manner so as to mislead a prospective purchaser.
(4) The owner or operator of the service station shall dispense motor fuel in conformity with the National Bureau of Standards's Handbook 44 titled "The Specifications and Tolerances for Weighing and Measuring Devices".
(5) Accessibility. 899 Service stations shall be subject to the provisions of (5)(a) through (5)(d) of this Section to provide service to persons with disabilities.
(a) No person shall convert an existing full-service or partial self-service station to a total self-service station unless the converted station is within a one mile (1.609 km) radius of a full-service or partial self-service station. For the purpose of this Section, 900 self-service shall mean the dispensing of motor fuels from fixed dispensing equipment into the fuel tanks of motor vehicles by persons other than the service station attendant.
(b) The attendant handling the full service equipment at a partial self-service station shall dispense gasoline from self-service pumps during hours in which full-service is being offered, upon the request of a disabled operator of a motor vehicle. Such disabled operator shall, upon request, produce evidence of disability, such as an official certificate of disability, handicapped license plate, placard or other acceptable evidence for review by the attendant dispensing the gasoline.
(c) Partial self-service stations shall operate at least one (1) full-service island for a minimum of 12 hours each day they remain open for 12 hours or more. Where partial self-service stations remain open for less than 12 hours on any given day, they shall maintain a full-service island in operation for the entire period they are open.
(d) Partial self-service stations shall prominently display a decal no smaller than 8 square inches on the self-service pumps clearly stating the requirements of subsections 9-616(5)(b) and (5)(c) and the penalties applicable thereto.
(6) Enforcement. 901 The provisions of this Section shall be enforced by the Department of Licenses and Inspections. Any person who violates subsection 9-616(3), relating to prohibitions applicable to signs where retail motor fuel is sold, shall have committed a Class III offense and be subject to the fines set forth in subsection 1-109(3) of The Philadelphia Code.
Notes
| 898 | Added, 1982 Ordinances, p. 61; amended by deleting subsection (6), 1990 Ordinances, p. 715. |
| 899 | Added and former subsection (5) renumbered, Bill No. 906 (approved July 25, 1995), 1995 Ordinances, p. 1136. |
| 900 | Enrolled bill contained no comma. Bill No. 906 (approved July 25, 1995), 1995 Ordinances, p. 1136. |
| 901 |
(1) Definitions. In this Section the following definitions shall apply:
(a) Transportation installation. Any station, terminal, or other location within the City, excluding bus or trolley stops, where train tracks are located or where trains, trolleys or buses receive and/or discharge passengers.
(c) Department. The Department of Licenses and Inspections.
(2) Construction and Repair of Fences.
(a) All owners or operators of transportation installations within the City of Philadelphia shall construct and keep in good repair fences at that portion of any transportation installation located in a residential area of the City where people can reasonably be expected to congregate in order to make use of a transportation installation or attempt to cross train tracks, thereby creating a potentially dangerous situation and threat of accident.
(b) The Department is empowered to inspect all transportation installations within residential areas in the City of Philadelphia to make determinations whether conditions exist creating potentially dangerous situations and threat of accident as provided in subsection 9-616(2)(a) hereof. In the event that the department determines that a potentially dangerous situation and threat of accident exists, it may order the owner or operator of a transportation installation to comply with the regulations of this Section in accordance with subsection 9-616(3).
(c) All fences must be approved by the Department as concerns design and location.
(.1) Fences shall be of durable material, at least four (4) feet in height, and shall be placed at transportation installations as provided by subsection 9-616(2)(a), in such a manner as to not seriously hamper the operation of the affected transportation service.
(d) Owners or operators of transportation installations and the Department shall make their determinations of where fences are to be erected in order to protect the public from potentially dangerous situations and threat of accident based upon consideration such as, but not limited to, the following:
(.1) the proximity of the train or bus installation to the homes of nearby residents; and
(.2) the degree to which people, especially children, frequent the area of the train or bus installation; and
(.3) the number of injuries which have occurred at the particular train or bus installation; and
(.4) complaints received relating to the presence of people, especially children, on or about train tracks.
(3) Administrative Provisions.
(a) Where the Department determines that any owner or operator of a transportation installation shall be required to erect or repair any fence around said installation, a written notice of that determination shall be given, together with an appropriate order to comply, to the owner or operator.
(.1) The order to erect a fence shall provide that be completed within sixty (60) days.
(.2) The order to repair a fence shall provide that repairs be completed within thirty (30) days.
(b) Any person aggrieved by a decision or any action of the Department may appeal to the Board of Licenses and Inspections Review for a review of the determination in accordance with the procedure prescribed by the Board. If this appeal is filed within ten (10) days after giving of notice of the determination and action of the Department, compliance with an order to erect or repair shall not be required when the appeal is pending before the Board or before the Court, except, as provided in subsection 9-616(3)(c).
(c) Whenever the Department finds that a condition exists at any train or bus installation which creates an emergency requiring immediate corrective action to protect the safety of the public, it may issue an order to erect or repair fences reciting the existence of the emergency and requiring necessary action to be taken immediately. Any person to whom such order is directed shall comply immediately even though an appeal is taken to the Board. Any person aggrieved by such an order may appeal to the Board, as provided in subsection 9-616(3)(b).
(4) Abatement. When an order of the Department to erect or repair a fence has not been complied with in the time prescribed therein and there is no appeal pending, except as provided in subsection 9-616(3)(c), the Department may itself, or by contract, erect or repair the fence; charge the cost thereof to the owner or operator; and with the approval of the Law Department collect the cost of the work by lien or as otherwise may be authorized by law.
Notes
| 902 | Added, 1982 Ordinances, p. 1659 (Note: Enrolled Bill No. 1318, passed over the Mayor's veto on November 4, 1982, erroneously numbered this as Section 9-616. Also note: Pursuant to Bill No. 1728 (approved June 15, 1983), the effective date of Section 9-617 was September 12, 1983.); amended by deleting subsection (5), 1990 Ordinances, p. 715. |
| 903 | Amended, Bill No. 120774-A (approved January 14, 2013). |
(1) Definitions.
(a) Indelible marker. Any felt tip marker, china marker or similar device that is not water soluble and which has a flat or angled writing surface one-half inch or greater.
(b) Etching acid. Any liquid, cream, paste or similar substance that can be used to etch, carve, engrave, or otherwise impair the physical integrity of glass or metal.
(c) Minor. Any person under the age of eighteen (18) years.
(d) Person. Any retail establishment.
(a) No person shall sell or offer for sale, transfer or offer for transfer any etching acid.
(b) No person shall sell or offer for sale, transfer or offer for transfer any spray paint container or indelible marker unless such spray paint container or indelible marker is held for sale or transfer in an enclosed device which is constructed to prevent removal of the merchandise except by authorized attendants or is stored, out of sight, in such a way as to prevent free access to the merchandise by the public.
(.1) No person shall sell or otherwise transfer any spray paint container or indelible marker to a minor, unless said minor is accompanied by a parent or legal guardian at the time of purchase or transfer.
(.2) No person shall sell or otherwise transfer any spray paint container or indelible marker unless:
(.a) The purchaser or transferee shall have supplied photo identification as proof of lawful age.
(.b) Any electronic scanner system, or other system deemed satisfactory to the Department, is programmed, or is in place to reject the sale unless a birth date is entered into a cash register or computer, or retained in a log in order to record the transaction. 907
(d) No minor shall, at the time of purchase of items specified in subsection 9-618(2)(c), knowingly furnish fraudulent evidence of majority including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, an identification card issued to a member of the Armed Forces, or any document issued by a federal, state, county or municipal government. 908
(3) Enforcement. 909 The Department of Licenses and Inspections shall enforce the provisions of this Section.
(a) Any person who violates the provisions of this Section or any minor who violates the provisions of subsection 9-618(2)(d) shall be subject to a fine or penalty for a violation of a Class III offense, as set forth in subsection 1-109(3) of the Code, and/or imprisonment not exceeding ninety (90) days. 911
In addition, the Department may confiscate the entire inventory of spray paint containers, indelible markers and etching acid from a business for a second or repeated violation of this Section. The business proprietor may reclaim the spray paint containers, indelible markers and etching acid upon payment of a three hundred dollar ($300) confiscation fee.
Notes
| 904 | Added, 1983 Ordinances, p. 1372 (Note: Enrolled Bill No. 1741-A (approved October 12, 1983) erroneously numbered this as Section 9-617; cross-references have been renumbered.); amended by deleting subsection (4), 1990 Ordinances, p. 715; amended, Bill No. 010555 (approved November 2, 2001); amended, Bill No. 040907 (approved January 25, 2005). |
| 905 | |
| 906 | Amended, Bill No. 070876 (approved December 21, 2007). |
| 907 | Amended, Bill No. 090777-A (approved February 17, 2010). |
| 908 | Amended, Bill No. 090777-A (approved February 17, 2010). |
| 909 | Renumbered, 1993 Ordinances, p. 483; renumbered, Bill No. 090777-A (approved February 17, 2010). |
| 910 | |
| 911 | Amended, Bill No. 070876 (approved December 21, 2007). |
| 912 | Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012. |
(1) Definitions.
(a) Merchandise. Any objects, wares, goods, commodities, or any other tangible items offered, directly or indirectly, to the public for sale.
(b) Proof of Purchase. A receipt, bill, credit card slip, or any other form of evidence which constitutes reasonable proof of purchase.
(c) Retail Mercantile Establishment. Any place of business where merchandise is exposed or offered for sale at retail to members of the consuming public.
(2) Posting of Signs. Every retail mercantile establishment shall conspicuously post its refund policy as to all merchandise on a sign in at least one of the following locations:
(a) Attached to the item itself; or
(b) Affixed to each cash register or point of sale so situated as to be 914 clearly visible to the buyer; or
(c) Posted at each store entrance used by the public.
(3) Content of Signs. Any sign required by subsection 9-619(2) to be posted in retail mercantile establishments, shall state whether or not it is a policy of such establishment to give refunds and, if so, under what conditions, including but not limited to whether a refund will be given:
(a) on merchandise which has been advertised as "sale" merchandise or marked "as is":
(b) on merchandise for which no proof of purchase exists;
(c) at any time or not beyond a point in time specified; or
(d) in cash, or as credit or store credit only.
(4) Exceptions.
(a) This Section shall not apply to sales of motor vehicles or perishables and incidentals to such perishables, or to custom ordered, and/or custom finished merchandise, or merchandise not returnable by law. 915
(b) The provisions of this Section shall not apply to any retail establishment that maintains or adopts a policy of providing a cash refund for a cash purchase, or providing a cash refund or issuing a credit for a credit purchase, which credit is applied to the account originally debited for the purchase, when the return of any of its unused and undamaged merchandise is made within twenty (20) days of the purchase date. 916
(5) Rules and Regulations. The Department of Licenses and Inspections is hereby charged with the enforcement of the provisions of this Section and is hereby authorized to promulgate and enforce necessary rules and regulations consistent with the provisions of this Section.
(6) Penalties. Any person who violates the provisions of this Section shall be subject to a fine or penalty not less than fifty dollars ($50) nor more than three hundred dollars ($300), plus a minimum of fifty dollars ($50) for each day the violation continues, and/or imprisonment not exceeding ninety (90) days.
Notes
| 913 | Added, 1986 Ordinances, p. 31. |
| 914 | Enrolled Bill No. 405 omitted the word "be". 1986 Ordinances, p. 31. |
| 915 | Amended, 1987 Ordinances, p. 1508. |
| 916 | Added, 1987 Ordinances, p. 1508. |
(1) Prohibited Sale or Installation. No person shall install, sell or transfer ownership of, or offer to install, sell or transfer ownership of any audible anti-theft alarm device that can be installed in a motor vehicle unless that alarm device is of a type:
(a) capable of, and programmed to, automatically terminate the sounding of its audible alarm with five (5) minutes of its being activated, and
(b) not capable of, nor programmed to, be sounded without direct physical contact with any motor vehicle on which it has been or is to be installed.
(2) Prohibited Modification. No person shall modify or offer to modify an audible anti-theft alarm device after it has been installed on a motor vehicle, or that is to be installed in a motor vehicle, so that the alarm device may be sounded without directed physical contact with the motor vehicle or so that the alarm device will not automatically terminate its sounding within five (5) minutes of its being activated.
(3) Penalties. Any person who violates any provision of this Section shall be subject to a fine of not more than three hundred dollars ($300) or imprisonment of not more than thirty (30) days, or both. Each prohibited installation, sale, transfer or modification, or offer to install, sell, transfer or modify, shall be deemed a separate violation for which a separate penalty may be imposed.
Notes
| 917 | Added, Bill No. 518 (approved March 29, 1995), 1995 Ordinances, p. 156. |
(1) Definitions.
(a) Tire dealer. Any business that purchases or sells tires, whether new or used.
(b) Registered waste tire hauler. An authorized waste tire hauler registered with the Commonwealth pursuant to the Waste Tire Recycling Act, Act of Dec. 19, 1996, P.L. 1478, No. 190, 35 P.S. § 6029.101 (the "Waste Tire Recycling Act").
(c) Waste tire. A tire that will no longer be used for the purpose for which it was originally intended. The term includes a tire that has been discarded by any owner or user even though the tire may have some remaining useful life. A tire becomes a waste tire when it is discarded by any owner or user.
(d) Waste tire hauler. A person that transports whole used or waste tires in the City of Philadelphia for business-related purposes. This term does not include persons who haul their own waste tires in the course of routine tire replacement.
(2) License Required.
(a) No person shall engage in the business of a tire dealer unless that person has first obtained a license from the Department. A separate license shall be required for each location at which a tire dealer purchases or sells tires.
(b) All applications for such license shall be submitted in a manner as determined by the Department and shall contain the following information:
(.1) The name and home address of the owner and, if the owner is a corporation or a partnership, the name and home address of a principal partner or corporate officer;
(.2) The business telephone number of the owner;
(.3) The location of the business where tires are sold, purchased, disposed of or stored;
(.4) Commercial activity license number;
(.5) Billing address;
(.6) The registered waste tire haulers with whom the tire dealer is contracted for the removal of waste tires;
(.7) A brief description of the circumstances in which the business purchases, sells, and disposes of tires, whether new or used;
(.8) A statement certifying compliance with all license requirements set forth in subsection 9-621(3).
(c) The applicant must also submit the following to the Department before the license will be issued:
(.1) Payment of an annual license fee of three hundred dollars ($300) for each location. The Department may from time to time by regulation revise the annual license fee (including the structure of the fee) to reflect the City's costs of regulating tire dealer businesses and the special costs incurred by the City because of the operation of such businesses.
(.2) Proof of zoning approval for use of the location as a tire dealer.
(.3) A Certificate of Occupancy indicating Building and Fire Code approval of the location of the tire dealer.
(.4) Current certifications of all fire protection systems on the premises as required by the Fire Code.
(d) Licenses will be renewed annually upon payment of the license renewal fee equal to the annual license fee as established by subsection 9-621(2)(c)(.1).
(3) License Requirements. Every tire dealer licensed under this Section 9-621 must:
(a) Comply with all applicable provisions of the Waste Tire Recycling Act.
(b) Comply with all provisions of The Philadelphia Code applicable to such business.
(c) Maintain a tire manifest for each location that:
(.1) Provides a detailed accounting of each tire purchased, sold, or obtained in or disposed of in any other manner by a tire dealer.
(.2) Identifies (i) the manner by which each tire was obtained by the tire dealer, (ii) the manner by which each tire left the possession, custody or control of the tire dealer, and (iii) the number of tires implicated by each such transaction.
(.3) Reflects the signature of a registered waste hauler on every entry on such manifest that documents each tire disposed of by such registered waste hauler.
(d) Make the tire manifest and all supporting documentation available to the Department upon request.
(e) Exclusively use the registered waste tire haulers with whom the business is contracted for the disposal of tires.
(f) Maintain records documenting the sale of each tire sold by the tire dealer.
(g) Inform the Department of any change to the information supplied on the license application within ten (10) days of such change.
(h) Maintain compliance with the Philadelphia Fire Code in the storage of all tires.
(4) Inspections. Prior to the issuance of the initial license, the applicant must obtain a safety inspection by the Department of the proposed location for compliance with the Philadelphia Fire and Property Maintenance Codes. During the license period, the Department may conduct audits, investigations, inspections, and such other examinations as the Department determines is necessary or appropriate to verify compliance with this Section 9-621.
(5) Willful Violation. In addition to any other penalties provided in The Philadelphia Code, the Department is authorized to suspend or revoke a tire dealer license for any willful violation of The Philadelphia Code applicable to the business.
Notes
| 918 | Added, Bill No. 1091 (approved July 25, 1995), 1995 Ordinances, p. 1185; amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012; repealed, Bill No. 170798 (approved January 3, 2018); added, Bill No. 180648 (approved November 14, 2018). Section 2 of Bill No. 180648 provides: "This Ordinance shall be effective two weeks after the Commissioner of Licenses and Inspections certifies to the Chief Clerk of Council, and provides notice on the City's website, that the technology to appropriately implement this license is in place." |
(1) Sales to minors prohibited; mandatory identification; warning signs.
(a) It shall be unlawful for any person, including any retail business, to sell or furnish by gift, purchase or other means any cigarette or other tobacco product to any person under the age of eighteen (18) years.
(b) No person shall sell any cigarette or other tobacco product unless the purchaser either: 920
(.1) demonstrates proof of legal age by means of a photographic identification card issued by a government entity; or
(.2) reasonably appears to be at least twenty-seven years of age.
(.1) It shall be a defense to a charge of unlawful sale to a person under eighteen (18) years of age that the seller reasonably relied on photographic identification pursuant to the preceding subsection (b), notwithstanding the fact the identification relied upon is subsequently proven to be fake. Reliance will be presumed not reasonable if the identification does not contain all of the following: a photo likeness, birth date, expiration date and signature; or if it contains bumps, tears or other damage.
(.2) It shall not be a defense to a charge of unlawful sale to a person under eighteen (18) years of age that the purchaser reasonably appeared to be at least twenty-seven years of age.
(d) Warning Signs.
(.1) Every retail outlet that sells cigarettes or other tobacco products shall post in a conspicuous place, clearly visible from any point of sale, a Warning Sign, as described below.
(.2) Every cigarette vending machine shall conspicuously bear a Warning Sign, as described below. The proprietor of the establishment in which such machine is placed, and the vending machine operator, as defined by state law, shall be jointly responsible and liable to assure the display of such sign.
(.3) The Warning Sign shall state the following: "SALE OF CIGARETTES AND OTHER TOBACCO PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. PHOTO I.D. WILL BE REQUIRED. THIS LAW WILL BE STRICTLY ENFORCED." Such sign shall be printed on a white card in red letters at least one-quarter inch in height, or in such other format as the Department of Licenses and Inspections shall allow by regulation.
(2) Out-of-package sales prohibited. It shall be unlawful for any person, including any retail dealer, to sell or offer for sale any cigarette or other tobacco product, other than in the package, box, carton or other container provided by the manufacturer, importer or packager which bears a health warning required by federal law.
(3) Self-service sales prohibited.
(a) Any person, including any retail dealer, who sells any cigarettes or other tobacco products, shall store or display such products in a locked case or in a storage case or display accessible only to the seller.
(.1) This subsection shall not apply to open or free standing counter-top displays, provided that the counter-top display is three (3) feet of a staffed and operational check out register.
(b) No person selling cigarettes or other tobacco products shall allow anyone other than the seller or the seller's agent to physically remove any such product or its package from its storage or display case.
(c) Nothing in this subsection shall prohibit the storage, display, or sale of cigarettes in or from a properly licensed vending machine.
(d) Nothing in this subsection shall prevent sales by one licensed cigarette dealer to another licensed cigarette dealer, provided that neither dealer is the ultimate consumer of the product.
(4) Specialty Tobacco Stores. Notwithstanding the foregoing, subsection (2) relating to out-of-package sales and subsection (3) relating to self-service sales shall not apply to any retail store commonly known as a "specialty tobacco store", the primary business of which is the sale of tobacco or tobacco-related products.
(a) It shall be unlawful for any retail business to sell or furnish by gift, purchase or other means any of the following:
(.1) any cigarette, cigar, tiparillo, cigarillo or other tobacco product, singly or in packages of fewer than three or other than in the package, box, carton or other container provided by the manufacturer, importer or packager which bears a health warning required by federal law, except that hotels, restaurants that seat at least 25 patrons, and specialty tobacco stores (as defined in subsection 9-622(4)) may sell in small quantities cigars for which the retail price is at least one dollar ($1.00) per cigar;
(.2) cigar or cigarette rolling papers;
(.3) any tobacco item that can be considered "drug paraphernalia" under Section 9-629;
(.4) any flavored tobacco item including any flavored cigarette, cigar, tiparillo, cigarillo or other tobacco product, except that the term "tobacco product" shall not include a package of loose tobacco, snuff, chewing tobacco, dipping tobacco, or pipe tobacco, where the package is that provided by the manufacturer, importer or packager which bears a health warning required by federal law, and provided that this subsection (.4) shall not apply to cigarettes in packages of 20 or more included in the directory published pursuant to Section 301 of the Pennsylvania Tobacco Product Manufacturer Directory Act, 35 P.S. § 5702.301.
(a) Whenever any officer with authority to enforce ordinances, including for purposes of this Section any Department of Public Health or Department of Licenses and Inspections inspector, becomes aware of a violation of this Section, such officer shall hand or deliver to the violator a printed notice of violation. If the violator is a retail outlet, the officer shall hand or deliver the notice to the manager of the outlet or an on-site supervisor. Such notice shall bear the date, time and nature of the violation, when known; the identity and address of the violator; the amount to be remitted in response to the notice; and the penalty which can be imposed by the court for the violation; and shall be signed by the person issuing the notice and shall bear the badge number or other official identification number of the officer issuing the notice.
(b) Any person who receives a notice of violation may, within ten (10) days, pay two hundred fifty dollars ($250), admit the violation, and waive appearance before a Municipal Court Judge. The notice of violation shall contain an appropriate statement for signature by the violator for the purpose of admitting the violation and waiving a hearing, and shall be returned by the violator when the stipulated payment is remitted. Payment of the fine alone shall constitute admission of the violation, whether or not the violator signs the statement. 924
(c) If a person who receives a notice of violation fails to make the prescribed payment within ten (10) days of the issuance of the notice of violation, a code enforcement complaint shall be issued for such violation in such manner as provided by law.
(d) If the person named in a code enforcement complaint is found to have violated any provision of this Section or fails to appear on the date set for hearing, such person shall be subject to a maximum fine of two thousand dollars ($2,000) for each such violation, or such lesser fine (not less than three hundred dollars ($300)) as the court deems appropriate given the relative wilfulness or repetitiveness of the violation, plus the imposition of court costs. Such a complaint may be issued irrespective of whether a notice of violation was previously issued for such violation. 925
(.1) Any and all cigarette vending machines located at such location or within such establishment shall be removed by the owner of such machine, and no person shall install or maintain any cigarette vending machine at such location or in such establishment. For purposes of this subsection, a cigarette-sales violation shall be any violation of this Section; or any violation of Section 9-2102, relating to cigarette vending machines. The Department of Licenses and Inspections may remove any machine maintained in violation of this Section and may bill the owner of the establishment where such machine is located or the owner of the machine for the cost of removal. 927
(.2) If the violations occurred within a two year period, the person shall also be subject, depending on the severity of the violations, to an order of the Department to either (.a) cease the sale of cigarettes, electronic smoking devices and unauthorized nicotine delivery products; or (.b) cease operations. Such order shall be for a period not less than forty-eight (48) hours and not to exceed one year, at the Department's discretion, based on the severity of the violations. 928
For purposes of this subsection (e), multiple violations shall be considered to have occurred at a single location or within a single business establishment, even if ownership of the location or business has been transferred between the time of violations, unless the transfer was pursuant to an arm's length transaction for fair market value between two unrelated persons or unaffiliated companies.
(.1) Any person who violates the provisions of subsection 9-622(5) shall be subjected to a fine of not less than three hundred dollars ($300) and not more than seven hundred dollars ($700) for each violation committed during calendar year 2005; one thousand one hundred dollars ($1,100) for each violation committed during calendar year 2006; one thousand five hundred dollars ($1,500) for each violation committed during calendar year 2007; one thousand nine hundred dollars ($1,900) for each violation committed during calendar year 2008; and two thousand dollars ($2,000) for each violation committed thereafter;
Notes
| 919 | Added, Bill No. 732 (approved December 28, 1995), 1995 Ordinances, p. 1522. Enrolled bill numbered this as Section 9-620; renumbered by Code editor. |
| 920 | Amended, Bill No. 100634 (approved December 15, 2010). |
| 921 | Amended, Bill No. 100634 (approved December 15, 2010). |
| 922 | Added, Bill No. 060345-AAA (approved January 23, 2007). Subsections 9-622(5)(a) and 9-629(2) were invalidated by the Supreme Court of Pennsylvania. See Holt's Cigar Co., Inc. v. City of Philadelphia, 10 A.3d 902, 914 (Pa. 2011). |
| 923 | Renumbered, Bill No. 060345-AAA (approved January 23, 2007). |
| 924 | |
| 925 | Amended, Bill No. 100634 (approved December 15, 2010). |
| 926 | |
| 927 | Added, Bill No. 960367-A (approved June 23, 1998). Bill No. 960367-A cited to Section 9-2002, which has been renumbered to 9-2102 by the Code editor. Section 3 of Bill No. 960367-A read: "This Ordinance shall be effective one hundred eighty (180) days after enactment." |
| 928 | Amended, Bill No. 140096 (approved April 9, 2014). |
| 929 | Added, Bill No. 060345-AAA (approved January 23, 2007). |
| 930 | Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012. |
(1) Definitions. In this Section, the following definitions shall apply:
(a) Bicycle Courier. Any person who uses a bicycle to provide the service of delivering documents, in the course of his/her regular business, the regular business of his/her employer or pursuant to an oral or written contract with or on behalf of a bicycle delivery business.
(b) Bicycle Delivery Service. The service of delivering documents by bicycle.
(c) Bicycle Delivery Business. Any business, including without limitation a person, sole proprietorship, partnership, firm, association or corporation which is engaged in the business of providing bicycle delivery service to deliver the documents of another person. A bicycle delivery business does not include customers of bicycle delivery businesses or those who hire or contract with bicycle delivery businesses.
(2) Training Required.
(a) All Bicycle Delivery Businesses shall provide adequate training in all applicable traffic laws to all new bicycle couriers whom they employ or with whom they contract prior to the courier's first day of service for that Bicycle Delivery Business.
(b) All Bicycle Delivery Businesses shall provide adequate training in all applicable traffic laws to bicycle couriers whom they currently employ or with whom they have existing contracts within thirty (30) days after this Section becomes effective.
(3) Identification Required.
(a) All Bicycle Delivery Businesses shall issue an identification card to each bicycle courier with whom they contract or whom they employ.
(.1) The identification card shall include the name and photograph of the bicycle courier; and the name, address and telephone number of the Bicycle Delivery Business.
(.2) All bicycle couriers shall carry the identification card when operating as a bicycle courier.
(b) All Bicycle Delivery Businesses shall issue an identification badge or patch to each bicycle courier with whom they contract or whom they employ.
(.1) The identification badge or patch shall contain the name of the Bicycle Delivery Business and a two or three digit number identifying the individual courier in letters and numbers at least two inches high.
(.2) Every bicycle courier shall display the identification badge or patch visibly on his/her back when operating as a bicycle courier.
(4) Records Required.
(a) All Bicycle Delivery Businesses shall maintain adequate records of all bicycle couriers operating on their behalf.
(.1) Such records shall include the names, addresses and the two or three digit identification numbers of all bicycle couriers employed by the Bicycle Delivery Business or with whom it contracts.
(5) Penalties. The penalty for violation of any provision of this Section shall be a fine of twenty-five dollars ($25).
Notes
| 931 | Added, Bill No. 970138 (approved May 9, 1997). Enrolled bill numbered this as Section 9-622; renumbered by Code editor. |
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