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(1) It shall be unlawful for any person, including any retail business, to sell or offer for sale any of the following:
(a) Any item that constitutes drug paraphernalia, as that term is defined in the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-102, where the seller knows, or under the circumstances reasonably should know, that it would be used to convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of that Act, especially any of the following:
(.1) Containers, bags, capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances, as well as cigars, cigarettes and related items intended for use in concealing or holding such substances;
(.2) Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:
(.a) Cigars sold singly, flavored cigars known as "blunts", unflavored "blunts", flavored and unflavored blunt wraps, cigarette rolling papers, cigarillos, and tiparillos;
(.b) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
(.c) Water pipes;
(.d) Carburetion tubes and devices;
(.f) Smoking and carburetion masks;
(.g) Roach clips; meaning objects used to hold burning material such as a marihuana cigarette that has become too small or too short to be held in the hand;
(.h) Chamber pipes;
(.i) Carburetor pipes;
(.j) Electric pipes;
(.k) Air-driven pipes;
(.l) Chillums;
(.m) Bongs;
(.n) Ice pipes or chillers;
(.o) Miniature cocaine spoons and cocaine vials;
(.p) Rose and pen combinations.
(2) It shall be unlawful for any person, including any retail business, to sell or offer for sale within five hundred (500) feet of a school, recreation center, day care center, church, or community center any of the items identified in either subsection 9-622(5) or subsection 9-629(1), regardless of the intent as to use of the item. 949
(3) Exception. This Section 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.
(4) Penalties.
(a) In addition to the penalties as presently provided by law, any person in violation of this Section shall be subject to a civil penalty of 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.
(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. 950
Notes
948 | Added, Bill No. 060345-AAA (approved January 23, 2007). |
949 | |
950 | Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012. |
(1) 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, including a Food Establishment as defined in Code Section 6-102, provided however that any Food Establishment with a Restaurant Liquor License shall not be covered by this Section and further provided that this Section shall not apply to a Food Establishment that serves customers exclusively from a drive-through window or any vehicle fueling station.
(2) Prohibited Conduct. Notwithstanding any other provision of this Code, no Commercial Establishment shall be open to the public between 11 p.m. and 6 a.m. at the following streets or any other location which Council shall from time to time ordain:
(a) The area bounded by East Lehigh Ave., Kensington Ave., D St., East Tioga St. and Frankford Ave. This bounded area will include all businesses located on both sides of the boundary blocks.
(b) The area bounded by North 5th St., Erie Ave., North 9th St. and Roosevelt Blvd. This bounded area will include all businesses located on both sides of the boundary blocks.
(c) The area bounded by East Hunting Park Ave., North 5th St., Roosevelt Blvd. and Castor Ave. This bounded area will include all businesses located on both sides of the boundary blocks.
(d) The area bounded by East Lehigh Ave., North 2nd St., East Hunting Park Ave., Whitaker Ave. and B St. This bounded area will include all businesses located on both sides of the boundary blocks.
(3) Penalties. The penalty for a violation of this Section shall be a fine of five hundred dollars ($500) for each offense for each day the violation continues.
(4) Sunset Provision. The provisions of this Section 9-630 shall expire January 1, 2028.
Notes
951 | Added, Bill No. 080085-A (approved June 18, 2008); amended, Bill No. 090777-A (approved February 17, 2010); amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012; repealed, Bill No. 171124 (approved March 14, 2018); added, Bill No. 240013-A (approved April 3, 2024); amended, Bill No. 240498 (approved August 12, 2024). |
(1) Definitions. For purposes of this Section, the following terms shall have the following meanings:
Electronic Smoking Device. An electronic device, the use of which simulates tobacco smoking, that is intended to deliver nicotine to the person inhaling from the device; the term includes any solution, compound, or other substance containing nicotine and manufactured for use with such a device. The term shall not include a tobacco product as defined in this Section.
Tobacco Product. Any substance containing tobacco leaf, including without limitation cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, snus, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco.
Tobacco Retailer. A person who, in the usual course of business, purchases or receives tobacco products, electronic smoking devices, or unapproved nicotine delivery products for the purpose of sale to a consumer.
Tobacco Retailing. The sale of tobacco products, electronic smoking devices, or unapproved nicotine delivery products to a consumer.
Unapproved Nicotine Delivery Product. A product, other than an electronic smoking device or a tobacco product, containing or delivering nicotine intended or expected for human consumption, or any part of such a product, that has not been approved or otherwise certified for sale by the United States Food and Drug Administration as a tobacco use cessation product, or for other medical purposes.
(2) Tobacco Retailer Permit Required.
(a) No person shall act as a Tobacco Retailer without a current Tobacco Retailer Permit for each location where the person engages in Tobacco Retailing. Acting as a Tobacco Retailer without a permit is hereby declared a nuisance as a matter of law.
(b) Each Tobacco Retailer shall prominently display the Tobacco Retailer Permit at each location where the person engages in Tobacco Retailing.
(c) A Tobacco Retailer Permit shall be issued to an applicant if, in addition to any other applicable requirement, all of the following requirements are met:
(.1) If the applicant is an individual, such applicant is at least eighteen (18) years of age.
(.2) The applicant has provided all material information required by the application.
(.3) The applicant has not made any material false statement in the application.
(.4) The applicant currently maintains a valid cigarette retailer license from the Pennsylvania Department of Revenue, if required.
(.5) The applicant currently maintains a valid commercial activity license and any license or permit required under this Title. 953
(.6) The location for which the Tobacco Retailer Permit is sought is fixed, and not mobile.
(.7) Any other requirement adopted by the Board of Health which the Board deems appropriate for the protection of public health.
(d) A Tobacco Retailer Permit is valid for one person at one location and may not be transferred from one person to another or from one location to another. A new Tobacco Retailer Permit is required whenever a Tobacco Retailer changes location or transfers ownership.
(3) Expiration, Renewal, and Revocation.
(a) Term. A Tobacco Retailer Permit shall be effective through the thirty-first day of December of the calendar year for which it is issued.
(b) Renewal. Any person lawfully issued a Tobacco Retailer Permit pursuant to the provisions of this Section shall be entitled to renew such permit, provided that all the requirements of this Section, and any other applicable requirements, are met.
(.1) A Tobacco Retailer shall apply for renewal and submit the applicable renewal fee no later than sixty (60) days prior to expiration of the permit term. Renewal applications submitted less than sixty (60) days prior to the expiration of the permit term shall be subject to both the new application fee, and the renewal fee.
(.2) Applicants for renewal shall meet the requirements for Tobacco Retailer Permit set forth under subsection (2).
(c) Revocation of Permit.
(.1) A Tobacco Retailer Permit may be revoked for any of the following reasons:
(.a) Failure to provide all information required as a condition of issuing a Tobacco Retailer Permit;
(.b) Making a material false statement in an application for a Tobacco Retailer Permit or in a renewal application for a Tobacco Retailer Permit;
(.c) Failure to maintain a valid cigarette retailer license from the Pennsylvania Department of Revenue, if required;
(.d) Failure to maintain a valid commercial activity license or any other license or permit required under this Title; 954
(.e) The person issued a Tobacco Retailer Permit is delinquent in the payment of any City or School District of Philadelphia taxes, charges, fees, rents or claims, or any penalties or fines relating to the person's business for which the person is responsible, unless the person has entered into an agreement to pay any such delinquency and is abiding by the terms of such agreement.
(.f) The person issued a Tobacco Retailer Permit engages in Tobacco Retailing at any other location in the City in violation of any provision of this Section, or any requirement adopted by the Board of Health with respect to Tobacco Retailing.
(.2) New Permit After Revocation. A new Tobacco Retailer Permit shall not be issued to a Tobacco Retailer within ten (10) days after the first revocation within any thirty-six (36) month period, within fifteen (15) days after the second revocation within any thirty-six (36) month period, or within sixty (60) days after the third or subsequent revocation within any thirty-six (36) month period.
(4) Fees. The application fee shall be fifty dollars ($50), and the renewal fee shall be fifty dollars ($50), except that the Board of Health may alter these fee amounts by regulation, based on the total cost of the administration and enforcement of this Section. The application fee shall be paid at the time the application is submitted. The renewal fee shall be paid at the time the renewal application is submitted.
(5) Enforcement. A violation of this Section shall be a Class III offense. Each day a violation continues shall constitute a separate offense.
(6) Severability. If a court of competent jurisdiction declares any part of this Section to be invalid, such judgment shall not affect the validity of this Section as a whole or any remaining part thereof. It is the intention of City Council that the remaining provisions of this Section would have been adopted as if such part found to be invalid had not been enacted.
Notes
952 | |
953 | Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012. |
954 | Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012. |
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