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(1) Definitions.
(a) Laser Pointing Device. Any hand-held device which emits light amplified by the simulated emission of radiation which is visible to the human eye.
(b) Minor. Any person under the age of eighteen (18) years.
(c) Person. Any retail establishment, individual, firm, association, partnership or corporation engaged in the sale or transfer of laser pointing devices.
(2) Prohibited Conduct.
(a) No person shall sell or otherwise transfer any laser pointing device to a minor, unless said minor is accompanied by a parent or legal guardian, who will purchase said laser pointing device at the time of purchase or transfer.
(b) No person shall store for sale or transfer or display laser pointing devices unless such items are contained within a sealed and locked case, or are located behind the service counter, or stored or displayed in any other manner which restricts easy access to laser pointing devices by customers and/or the general public.
(c) No minor shall, at the time of purchase or transfer, or attempted purchase or transfer, of a laser pointing device, knowingly furnish fraudulent evidence of majority including, but not limited to, a motor vehicle operators license, an identification card issued to a member of the Armed Forces, or any document issued by a federal, state, county or municipal government.
(3) Required Conduct.
(a) Any person who sells or otherwise transfers a laser pointing device must require the purchaser to supply photo identification as proof of lawful age if the purchaser appears to be under the age of twenty-five (25).
(b) Any person who sells or otherwise transfers a laser pointing device must maintain a log of all purchases with the following information: name and address of said purchaser and identification number of the laser pointing device.
(4) Enforcement.
(a) The Department of License and Inspections shall enforce the provisions of this Section.
(5) Penalties.
(a) Any person who violates the provisions of this Section shall be subjected to a fine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300).
(b) 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 this Section on three (3) occasions. 940
Notes
939 | Added, Bill No. 980657-A (approved February 8, 1999). |
940 | Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012. |
No person shall sell or otherwise transfer any motorcycle or motor-driven cycle, as those terms are defined by the Pennsylvania Vehicle Code, that is under 125 pounds, if such motorcycle or motor-driven cycle could not be lawfully registered or could not pass a safety inspection pursuant to the Vehicle Code at the time of sale.
Notes
941 | Added, Bill No. 040764 (approved November 3, 2004). |
(1) Legislative Findings. The Council finds that:
(a) There has been a growing problem in neighborhoods with nuisance retail shops, including but not limited to take out, convenience establishments. As nuisance stores, these shops have become a haven for drug activity and crime.
(b) Many of these take out establishments, because of the clientele which they attract and the late night hours during which they operate, have a negative impact upon the safety of adjacent areas, particularly when such adjacent areas are residential in nature.
(c) In order to prevent crime and to promote a feeling of safety in the City of Philadelphia's communities and neighborhoods, restrictions in addition to those contained in existing zoning ordinances and regulations are necessary to reduce the nighttime hours during which take out, commercial establishments located on predominantly residential blockfaces operate.
(2) Legislative Purpose. The purpose of this Section is to decrease criminal activity at late-night commercial establishments and promote a feeling of safety on predominately residential blockfaces in the City.
(3) Definitions.
(a) Commercial Establishment. An establishment involved in the buying and selling of goods where consumers primarily purchase goods intended for consumption or use off premises.
(b) Dwelling. A building which is used or intended to be used exclusively for living or sleeping by human occupants.
(c) Residential Blockface. One side of a segment of a street that does not extend beyond any intersection with another street, or a portion thereof, and where eighty percent (80%) or more of the buildings are dwellings. A blockface shall not be considered a residential blockface if, geographically, fifty percent (50%) or more of the block frontage is comprised of commercial establishments.
(d) Take-out Restaurant. A commercial establishment engaged in the preparation and retail sale of food and beverages where the serving of prepared food and/or beverages in disposable packaging and/or containers for consumption by patrons off the premises constitutes more than fifty percent (50%) of the establishment's gross revenues. 943
(4) Prohibited Conduct. 944 Notwithstanding any other provision of this Code, no commercial establishment located on a residential blockface shall be open to the public between 11 p.m. and 6 a.m. For purposes of this ordinance, the location of a commercial establishment shall be determined by the street address assigned by the Board of Revision of Taxes under subsection 19-1304(2).Where a take-out restaurant is located on a corner lot where two streets intersect, such establishment shall be considered to be located on a residential blockface if either of the streets which intersect at that corner meet the definition of residential blockface under this Section, notwithstanding the establishment's assigned street address.
(5) Required Posting. 945 Every commercial establishment located on a residential blockface must display a poster, supplied by the Department of Licenses and Inspections upon the payment by the establishment of a reasonable fee, which indicates that the establishment is subject to the terms of this Ordinance. The poster shall be prominently displayed in a conspicuous place which can be readily observed by passersby at or near the entrance to the establishment.
Notes
942 | Added, Bill No. 040788-AA (approved January 25, 2005). Enrolled bill numbered this as Section 9-626; renumbered by Code editor. |
943 | Added, Bill No. 070539-A (approved December 18, 2007). |
944 | Amended, Bill No. 070539-A (approved December 18, 2007). |
945 | Added, Bill No. 070539-A (approved December 18, 2007). |
946 | Renumbered and amended, Bill No. 070539-A (approved December 18, 2007). |
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