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(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090777-A (approved February 17, 2010); amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012; repealed, Bill No. 171124 (approved March 14, 2018); added, Bill No. 240013-A (approved April 3, 2024); amended, Bill No. 240498 (approved August 12, 2024).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. |
(1) Findings: The Findings set forth in Section PM-304.6.1 of this Code are incorporated herein by reference. 956
(2) Where an alternative location is available for placement of a satellite dish or antenna, with no material delay or reduction in signal reception and at no significant additional cost to the owner or tenant (including but not limited to a roof, rear yard or facade, or side yard or facade), no television access provider or installer shall place or install a satellite dish or antenna between the facade of a one-family dwelling and the street.
(3) Where an alternative location is available, including but not limited to a roof, rear yard or facade, or side yard or facade, no television access provider or 957 installer shall place or install a satellite dish or antenna between the facade of a multiple-family or two-family dwelling and the street, unless the device is wholly within a balcony or patio area that is under the exclusive use or control of the unit owner or tenant.
(4) If the television access provider or installer ascertains, at the time of installation, that a satellite dish or antenna cannot be placed at a one-family dwelling in a location other than between the facade of a building and the street without a material delay, material reduction in signal reception or significant additional cost, or cannot be placed on a multiple-family or two-family dwelling in compliance with subsection 9-632(3) hereof, the provider or installer shall provide the user of the device with a signed statement certifying that, based on actual testing conducted at the site, the satellite dish or antenna cannot be placed in a location other than between the facade of the building and the street without a material delay, material reduction in signal reception or significant additional cost. In the case of a multiple-family or two-family dwelling, the certification shall state that no alternative location was available as required by subsection 9-632(3). A copy of the certification form shall be provided to the Department, and a copy shall be maintained at the office of the installer or provider.
(5) A television access provider or installer of an existing satellite dish or antenna located between the facade of the building and the street shall, within 60 days after the date this ordinance is signed into law, notify the Department, in a form satisfactory to the Department, of the existence of the device, if the owner or tenant of the building at which the satellite dish or antenna is installed intends to continue to maintain the device at that location.
(6) The television access provider or installer of a satellite dish or antenna shall remove all satellite dishes or antennas that it previously installed, when such dish or antenna is no longer in service.
(7) No television access provider or installer shall place or install a satellite dish or antenna between the facade of a building and the street, where such dish or antenna does not meet one of the criteria set forth in Section PM-304.6.2.4, and unless the installer has painted the dish to match the color of the building facade as closely as possible. 958
(8) A television access provider or installer who is found to be in violation of any of the provisions of this Section may be assessed a penalty as provided in Section 9-105.
Notes
955 | Added, Bill No. 100200-AAAA (approved November 2, 2011). |
956 | Amended, Bill No. 140856 (approved December 19, 2014), effective July 1, 2015. |
957 | Enrolled bill read "...provider of installer...." |
958 | Amended, Bill No. 140856 (approved December 19, 2014), effective July 1, 2015. |
(1) Definitions.
(a) Electronic smoking device means an electronic device that delivers nicotine or other substances via vapor for inhalation. The term includes e-cigarettes, e-cigars, e-pipes and any other such products; and includes all component parts, such as e-cigarette batteries, atomizers, vaporizers, replacement cartridges and any solution manufactured for use with such a device. It does not include any product approved or certified for sale by the United States Food and Drug Administration as a tobacco use cessation product, or for other medical purposes. It may also be referred to herein as "e-cigarette".
(b) Specialty e-cigarette establishment. An establishment which derives fifty percent (50%) or more of its gross annual revenue from the sale of e-cigarettes and related products, including e-cigarette atomizers, vaporizers, batteries, replacement cartridges and any solution manufactured for use with such devices; or, with respect to such establishments that have been open for less than one full year, on such other basis as the Department of Licenses and Inspections shall by regulation provide.
(c) 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) 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 electronic smoking device or unapproved nicotine delivery product to any person under the age of eighteen (18) years.
(b) No person shall sell any electronic smoking device or unapproved nicotine delivery product unless the purchaser either:
(.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.
(.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 electronic smoking devices or unapproved nicotine delivery products shall post in a conspicuous place, clearly visible from any point of sale, a Warning Sign, as described below.
(.2) The Warning Sign shall state the following: "SALE OF ELECTRONIC SMOKING DEVICES AND UNAUTHORIZED NICOTINE DELIVERY 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. This warning may be combined with the warning required by subsection 9-622(1)(d), in a single statement.
(3) Out-of-Package Sales Prohibited. It shall be unlawful for any person, including any retail dealer, to sell or offer for sale any electronic smoking device or unapproved nicotine delivery product, other than in the package, box, carton or other container provided by the manufacturer, importer or packager which bears all applicable health warnings required by federal law.
(4) Self-Service Sales Prohibited.
(a) Any person, including any retail dealer, who sells any electronic smoking devices or unapproved nicotine delivery 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 within three (3) feet of a staffed and operational check out register.
(b) No person selling electronic smoking devices or unapproved nicotine delivery 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.
(5) Specialty E-cigarette Establishment. Notwithstanding the foregoing, subsection (3) relating to out-of- package sales and subsection (4) relating to self-service sales shall not apply to any retail store known as a Specialty e-cigarette establishment.
(6) Enforcement and Penalties.
(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.
(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 willfulness 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.
(e) Upon a finding of a third violation of this Section committed at a single location or within a single business establishment, or of a combination of three or more violations of this Section or subsections 9-622(1) - (4), 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 electronic smoking devices, unapproved nicotine delivery products, and cigarettes; 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. 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.
Notes
959 | Added, Bill No. 140096 (approved April 9, 2014). |
(1) Definitions. As used in this Section:
BIA means the Board of Immigration Appeals as determined under Title 8 (Aliens and Nationality) of the Code of Federal Regulations, as amended.
Commissioner means the Commissioner of the Department of Licenses and Inspections.
Compensation means money, property, services, promise of payment, or anything else of value.
Department means the Department of Licenses and Inspections.
Employed by means that a person is on the payroll of the employer and the employer deducts from the employee's paycheck social security and withholding taxes, or receives compensation from the employer on a commission basis or as an independent contractor.
Immigration assistance service means the business of providing any form of assistance, for a fee or other compensation, to any person in an "immigration matter".
Immigration matter means any proceeding, filing or action affecting the status of any person which arises under immigration and naturalization law, regulations, procedure, executive order or presidential proclamation, including those which arise under actions or jurisdiction of the United States Department of Homeland Security, the Department of Justice, the United States Department of Labor, the United States Department of Revenue, the United States Department of State or any successor agencies or department(s).
Provider means any person or entity, including but not limited to a corporation, partnership, limited liability company, sole proprietorship or natural person, that provides immigration assistance services, but shall not include persons or entities exempt under subsection (2).
(2) Exemptions. Nothing in this Section shall regulate any business to the extent that such regulation is prohibited by state or federal law. The requirements of this Section shall not apply to any of the following persons or entities if such person or entity can prove eligibility for an exemption as follows:
(a) Any person who is a member in good standing of the bar of the highest court of any state, possession, territory, commonwealth or the District of Columbia, and is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting him or her in the practice of law, or any person working under the supervision of such person;
(b) Any organization recognized by the BIA that provides immigration assistance services via representatives accredited by such board to appear before the Department of Homeland Security or the Executive Office for Immigration Review, that does not charge a fee or charges nominal fees, as defined by the BIA;
(c) Any person employed by the federal government or by the Commonwealth of Pennsylvania and authorized to provide services in an immigration matter, when acting within the scope of such employment or authority;
(d) Any elected official who, acting within the scope of his or her official capacity, without a fee or other payment makes inquiries in an "immigration matter";
(e) Any City official or employee who, acting within the scope of his or her duties, without requiring a separate fee or other payment, makes inquiries in an "immigration matter" on behalf of an individual.
(3) Provider Requirements.
(a) Registration. In addition to obtaining a commercial activity license as required under Section 19-2602, a provider shall register with the Department annually, pursuant to such registration process as may be established by the Department. A single registration shall include all locations at which a provider performs immigration-related services.
(.1) At the time of registration, a provider must sign a form designated by the Department, attesting the provider's knowledge and consent to conduct business in accordance with the provisions of this Section, and acknowledging that any violation of the provisions of this Section by the provider may result in fines and penalties in addition to those stated in Section 19-2602, as well as cease operations orders and suspension or revocation of the provider's commercial activity license.
(.2) At the time of registration, a provider must provide proof of a surety bond in the amount of fifty thousand dollars ($50,000) in order to ensure payment of all final judgments and decrees entered against the provider for damages arising from the provision of immigration assistance services. The surety bond shall be in effect for the entire period in which the provider provides immigration assistance services, plus one year after the provider ceases all operations.
(b) Signs. All providers shall post signs at the provider's place of business, and every location where the provider regularly meets with customers. Signs shall be posted in a conspicuous location where the signs will be visible to customers. Signs shall meet all of the following requirements:
(.1) Each sign shall be at least 11 inches by 17 inches.
(.2) Notice signs shall contain the following statements:
(.a) "This office is not an authorized government agency. I am not an attorney licensed to practice law or a representative accredited by the Board of Immigration Appeals. I cannot represent you before any immigration authority or agency and may not give legal advice or accept fees for legal advice. Fingerprints taken at this location will not be accepted by the United States Department of Homeland Security for any purpose. You may cancel any contract within three (3) business days and get your money back for services not performed. If you have a complaint about this business, contact the Philly311 complaint line."
(.3) Notice signs shall be designed and approved by the Department or its designee and posted in a downloadable Portable Document Format (PDF) on the Department's website. The notice signs shall contain the statements required under subsection (3)(b)(.2) in English and any other language as determined by the Department. Providers shall reproduce the PDF from the Department website, without modification, and post as required under subsection (3)(b).
(.4) A fee sign, which contains a schedule of all services and fees regularly charged, shall be posted.
(c) Brochure. Before providing any services, a provider shall provide each customer with a brochure or handbill containing all disclosures in the form required under this Section. Such brochure or handbill shall be designed and approved by the Department, and shall be posted on the Department's website in Portable Document Format. Providers shall reproduce and distribute the brochure exactly as obtained from the Department website, without modification. The brochure or handbill shall be in English and any other language as determined by the Department.
(d) Documents. Providers shall retain copies of all documents prepared or obtained in connection with services provided to a customer for a period of three (3) years after the date a written contract is executed by the provider and the customer, whether or not the contract is subsequently cancelled.
(.1) Documents shall be retained at the provider's principal place of business and made available for confirmation of such retention by the Commissioner or his representative upon demand, during normal business hours.
(e) Advertising. When advertising immigration assistance services by signs, pamphlets, newspapers, internet, television, radio or any other means, a provider shall post or otherwise include with the advertisement a notice in English and in every other language in which the person provides or offers to provide assistance. The notice shall be of a conspicuous size and shall state the following: "The individual offering to provide assistance to you is NOT an attorney licensed to practice law or a representative accredited by the Board of Immigration Appeals. The individual cannot represent you before any immigration authority or agency and may not give legal advice or accept fees for legal advice."
(.1) No advertisement for immigration assistance services shall expressly or impliedly guarantee that the licensee will achieve any particular government action, including, but not limited to, the granting of employment authorization, lawful permanent residence status, citizenship, or any other form of immigration benefit or relief.
(.2) Advertising posted at a provider's place of business shall be subject to confirmation of compliance with subsection (3)(e) by the Commissioner or his representative, upon demand, during normal business hours.
(.3) All advertising in violation of this Section may be subject to penalties.
(f) Providers shall comply with all reasonable and lawful requests by the Department.
(4) Legal Duties of a Provider. Each provider may only perform the following immigration assistance services:
(a) Transcribing responses to a government agency form which is related to an immigration matter, but not advising a customer as to his or her answers on those forms;
(b) Translating information on forms, including the instructions, to a customer and translating the customer's answers to questions posed on those forms, but not advising a customer as to his or her answers on those forms;
(c) Securing for the customer supporting documents, requested by the customer, currently in existence, including but not limited to birth and marriage certificates, foreign passports, tax forms, police clearances and educational credentials, which may be needed to submit with government agency forms;
(d) Translating documents from a foreign language into English;
(e) Notarizing signatures on government agency forms, if the person performing the service is a notary public licensed in Pennsylvania;
(f) Arranging for the performance of medical testing and the obtaining of reports of such test results.
(5) Written Agreements.
(a) Each provider shall execute a written contract with the customer before providing any form of assistance in an immigration matter.
(.1) The written contract shall include the following provisions:
(.a) Name, address and telephone number of the provider;
(.b) Itemization of all services to be provided and performed for the customer;
(.c) Identification of all compensation and costs to be charged to the customer for the services to be performed;
(.d) A statement that any originals of documents prepared, submitted or obtained may not be retained by the provider for any purpose, including payment of compensation or costs;
(.e) A statement that the provider shall give the customer a copy of each document filed with a government entity;
(.f) A statement that the customer is not required to obtain supporting documents through the provider, but may obtain such documents himself or herself;
(.g) A statement, on the face of the contract and in print larger and more conspicuous than other print on the contract, in plain language and substantially similar to the following: "The individual providing assistance to you under this contract is not an attorney licensed to practice law or accredited by the Board of Immigration Appeals to provide representation to you and may not give legal advice or accept fees for legal advice.";
(.h) A statement that the customer may rescind the contract within three (3) business days, which shall be conspicuously set forth in the contract in plain language substantially similar to the following: "You have three (3) business days to cancel this contract. Notice of cancellation must be in writing. If you cancel this contract within three (3) business days, you will get back your documents and any fees that you paid.";
(.i) A statement conspicuously set forth in plain language substantially similar to "The individual providing assistance to you under this contract is prohibited from disclosing any information or filing any forms or documents with immigration or other authorities without your knowledge and consent.";
(.j) A statement conspicuously set forth in plain language substantially similar to "A copy of all forms completed and documents accompanying the forms shall be kept by the service provider for three years. A copy of the customer's file shall be provided to the client on demand and without fee.";
(.k) A statement that the provider has financial surety in effect for the benefit of any customer in the event that the customer is owed a refund, or is damaged by the actions of the provider, together with the name, address and telephone number of the surety. The statement should be in plain language and substantially similar to "The provider is required by law to have insurance, which is called a financial surety. If you are not given the services you agreed on, as the customer you may be able to get your money back through this insurance."
(.2) The contract shall be in a language understood by the customer, an English language version of the contract shall also be provided.
(.3) A copy of the contract shall be provided to the customer upon the customer's execution of the contract.
(.4) Receipts shall be issued for all services provided, and any guarantee must be made in writing.
(.5) The customer has the right to cancel the contract within three (3) business days after his or her execution of the contract, without fee or penalty.
(.6) The contract may be cancelled at any time after execution. If the contract is cancelled after three (3) business days, the provider may retain fees for services rendered, and any additional amounts actually expended on behalf of the customer. All other amounts must be returned to the customer within fifteen (15) days after cancellation.
(.7) If any interpreter services are provided, the contract shall include an attestation from the interpreter affirming the accuracy of the translation and the translator's certification that he or she is competent to translate from the specified foreign language into English.
(b) Upon demand of the customer, providers must provide to the customer any documents prepared, submitted or obtained in relation to an immigration matter.
(c) Signature. Where a form has a section for the preparer to fill out, the provider must provide his or her own information and sign the form as the preparer.
(6) Prohibited Acts. It shall be unlawful for any provider, person, or business entity engaged in the business of immigration assistance services to:
(a) In the course of dealing with customers or prospective customers:
(.1) Make any statement that the person can or will obtain special favors from or has special influence with the United States Department of Homeland Security, the Department of Justice or any other government agency; or threaten to report the client to immigration or other authorities or undermine in any way the client's immigration status or attempt to secure lawful status;
(.2) Make any guarantee or promise to a customer, regarding outcomes in an immigration matter;
(.3) Demand or retain any compensation for service not performed or costs that are actually not incurred;
(.4) Fail to provide a customer with copies of documents filed with a governmental entity, or refuse to promptly return documents supplied by, prepared by, or paid for by the customer upon the request of the customer, or upon termination of the contract, even if there is a fee dispute between the licensee and the customer;
(.5) Give any legal advice concerning an immigration matter or otherwise engage in the practice of law, including, but not limited to, any advice regarding the selection of forms to be completed and submitted to any government agency in connection with an immigration matter;
(b) Represent or advertise, in connection with the provision of assistance in immigration matters, the title of lawyer or attorney at law, or equivalent terms in the English language, or any other language, including, but not limited to, "notary public", "accredited representatives of the Board of Immigration Appeals" or "immigration consultant", that could reasonably cause a customer to believe that the person possesses any form of license, accreditation, or official authorization to provide advice on an immigration matter. Provided, however, that a notary public licensed in Pennsylvania may use the term "notary public" if such use is accompanied by the statement that the person is not an attorney;
(c) State, imply, offer or otherwise represent that a person, business, agency, office or organization is authorized to provide fingerprinting services which will be accepted by the United States Department of Homeland Security for the process of DHS applications or for any other purpose;
(d) Charge fees, directly or indirectly, for referring an individual to an attorney for any immigration matter. Provided, however, that a person may charge a fee for notarizing documents as permitted by the Pennsylvania laws regarding notary publics;
(f) Represent that a fee may be charged, or charge a fee, for the distribution, provision or submission of any official document or form issued or promulgated by a state or federal governmental entity, or for the referral of the customer to another person or entity that is qualified to provide services or assistance which the provider will not provide;
(g) Disclose any information to, or file any forms or documents with, immigration or other authorities without the knowledge or consent of the customer;
(h) Refuse to comply with any reasonable and lawful request from a Department inspector acting within the scope of responsibility under this Section;
(i) Perform, or offer to perform, any immigration assistance services or other act which requires a commercial activity license under Section 19-2602 and registration under this Section without a valid commercial activity license issued by the Department and registration approved by the Department;
(j) Fail to adhere to any provision of this Section.
(7) Penalties and Enforcement.
(a) Enforcement. In addition to any other penalty provided by law, any person who violates any provision of subsection (3) shall be deemed to have committed a Class III offense and be subject, in a an appropriate Code enforcement proceeding, to the fines set forth in subsection 1-109(3) of the Code. Any person who violates any provision of subsections (4) through (6) shall be deemed to have committed a Class III offense, and be subject, in a proceeding under the Pennsylvania Rules of Criminal Procedure, to the fines set forth in subsection 1-109(3) of the Code or to imprisonment not exceeding ninety (90) days, or to both. Each day that a violation of any provision of this Section continues shall constitute a separate and distinct offense. Any person who violates any provision of this Section shall further be liable in a private action as provided in subsection (8).
(b) Penalties. Upon the Department's determination that a provider is in violation of subsection (3) hereof, or upon receipt of information of a provider's violation of subsections (4) through (6) hereof, the Department may take appropriate action against the individual or business entity, including:
(.1) Suspension of License. Suspension of licenses granted under Section 19-2602 for all premises operated by the individual where violations have occurred. During any period of license suspension, each and every location of the individual's business shall cease operation as an immigration assistance service provider.
(.2) Cease Operations Order. The Department may issue a Cease Operations Order for each business location operated by the individual whose license(s) has been suspended in accordance with the same procedures as set out in subsections 19-2602(4)(h), (5), (6), provided that the Cease Operations Order shall identify the prohibited operations and shall state that the applicable license has been suspended for violation(s) of the Code.
(.3) No License. No new license shall be issued for a business location posted with a Cease Operation Order or a license suspension, so long as any person under a license suspension imposed by the Department, 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.
(8) Private Right of Action. Any person aggrieved by any violation of this Section or any rule or regulation promulgated hereunder, may bring an action in an appropriate court against any person subject to this Section, for injunction against the violation or for such other or additional relief as may be appropriate to deter, prevent or compensate for the violation. Remedies for violation of this Ordinance shall be cumulative, and shall include costs, compensatory damages, and punitive damages, to the extent allowed by law. Any judgment obtained against a provider under this Section may be provided to the Department and provide a basis for a suspension of license and cease operations order.
Notes
960 | Added, Bill No. 140142 (approved December 19, 2014), effective June 19, 2015. Enrolled bill numbered this as Section 9-633; renumbered by Code editor. Subsections renumbered by Code editor to conform more closely to standard Code format. |
(1) Installation, Permits and Licenses.
(a) No person shall build, erect, install, alter or replace any structure to function as, or obtain any licenses to operate, an Urban Experiential Display, as defined at Section 14-203, until all required permits are obtained (e.g., zoning, building, electrical, etc.).
(b) No Urban Experiential Display shall operate or function, unless the owner or operator of the Display obtains and maintains an Urban Experiential Display License.
(c) Applications for an Urban Experiential Display License shall set forth the following information:
(.1) Name and address of the Applicant.
(.2) Name and address of the owner of the premises.
(.3) Legal address of the property where the Urban Experiential Display is to be located.
(.4) Total square footage of the Urban Experiential Display.
(.5) Department permit numbers of all applicable permits that were issued for the Urban Experiential Display.
(.6) Any other information the Department requires.
(d) No license shall be issued or renewed until the applicable Urban Experiential Display fee has been paid.
(e) The Urban Experiential Display License must be renewed annually.
(f) The annual fee for a license is four thousand dollars ($4,000) for each Urban Experiential Display.
(g) No license shall be issued unless the Applicant certifies, to the satisfaction of the Department, that the Display is programmed to comply with the content allocation requirements of subsection 14-517(3)(q).
Notes
961 | Added, Bill No. 140907 (became law April 9, 2015). |
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