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§ 9-618. Sale of Spray Paint Containers, Indelible Markers and Etching Acid.  904
   (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.
   (2)   Prohibited Conduct. 905
      (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.
      (c)   Sales to minors. 906
         (.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.
   (4)   Penalties. 910
      (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
      (b)   In addition to the penalties outlined in Section 9-105, the Department of Licenses and Inspections may revoke the commercial activity license. 912
   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
   Renumbered, 1993 Ordinances, p. 483; amended, Bill No. 040907 (approved January 25, 2005); former subsection (2) deleted and this subsection renumbered, Bill No. 090777-A (approved February 17, 2010).
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
   Renumbered and amended, 1993 Ordinances, p. 483; amended, Bill No. 040907 (approved January 25, 2005); renumbered and amended, Bill No. 090777-A (approved February 17, 2010).
911
   Amended, Bill No. 070876 (approved December 21, 2007).
912
   Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012.
§ 9-619. Refund Policy Disclosure. 913
   (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.
§ 9-620. Sale and Installation of Audible Motor Vehicle Alarms. 917
   (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.
§ 9-621. Tire Dealers. 918
   (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."
§ 9-622. Cigarettes and Tobacco Products. 919
   (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.
      (c)   Defenses. 921
         (.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.
   (5)   Retail Businesses.  922
      (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.
   (6)   Enforcement and Penalties. 923
      (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
      (e)   Upon a finding of a third cigarette-sales violation, or of a combination of three or more violations of this Section and subsections 9-633(2) - (4), committed at a single location or within a single business establishment: 926
         (.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.
      (f)   In addition to the above penalties, any person who violates subsection 9-622(5) shall be subject to the following penalties: 929
         (.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;
         (.2)   In addition to the penalties outlined above, the Department of Licenses and Inspections may revoke the commercial activity license of any person violating the provisions of subsection 9-622(5). 930

 

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
   Amended, Bill No. 100634 (approved December 15, 2010); amended, Bill No. 140096 (approved April 9, 2014).
925
   Amended, Bill No. 100634 (approved December 15, 2010).
926
   Amended, Bill No. 100634 (approved December 15, 2010); amended, Bill No. 140096 (approved April 9, 2014).
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.
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