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(1) Definitions.
(a) Gender Identity. Shall have the meaning given in subsection 9-1102(1).
(b) Gender-neutral Signage. Signs identifying a facility without indicating a gender, such as "Restroom", "Bathroom", or "Toilet", or symbols indicating the facility's availability for use by any person, regardless of gender or gender identity.
(c) Retail Establishment. A place of business open to the general public for the sale of goods or services.
(2) Any entity that owns or leases a structure open to the general public, including but not limited to Retail Establishments and City-owned buildings, that currently has or at any time establishes one or more single-occupancy bathroom facilities for public use, shall provide Gender-neutral Signage for such facilities.
(a) An entity that has bathroom facilities with gender usage indicated by art work or design may, if such designs predate the effective date of this Ordinance, retain such designs, provided that they use signage that clearly indicates that the bathroom may be used by any person or persons, regardless of gender identity.
(3) Penalties. A violation of this Section shall constitute a Class III offense and shall be subject to the fines set forth in subsection 1-109(3) of this Code. Each day that the violation continues shall constitute a separate violation.
Notes
962 | Added, Bill No. 150668 (approved October 20, 2015), effective January 18, 2016. |
(1) Definitions. For purposes of this Section, the following terms shall have the following meanings:
Department. The Philadelphia Department of Public Health.
Department Sign. A sign no larger than eight and a half (8.5) by eleven (11) inches, designed and issued by the Department, which gives notice of the availability of Opioid Antidotes and contains related messaging from the Department.
Opioid Antidote. Naloxone nasal spray (NARCAN™) or any other formulation of naloxone approved by the United States Food and Drug Administration as an emergency treatment for opioid overdose. The Board of Health may promulgate regulations to supplement this definition when appropriate for the protection of public health.
Pharmacist. An individual duly licensed by the Pennsylvania Board of Pharmacy to engage in the practice of pharmacy.
Retail Pharmacy. An establishment meeting the definition of "Pharmacy" in the Pennsylvania Pharmacy Act, 63 Pa. Stat. Ann. § 390-2, that dispenses pharmaceuticals directly to patients.
(2) Opioid Antidote Stocking Requirement. Retail Pharmacies shall maintain a pharmaceutical stock sufficient to fill at least two (2) requests for Opioid Antidotes made pursuant to Pennsylvania Department of Health Standing Order DOH-001-2018, "Naloxone Prescription for Overdose Prevention", another applicable standing order for Opioid Antidotes, or an individual prescription for a single-use dose of an Opioid Antidote.
(a) The following shall in any case constitute a sufficient stock of Opioid Antidotes for purposes of this subsection (2): two (2) NARCAN™ nasal spray cartons containing two blister packages each with single 4 mg dose of naloxone in a 0.1 mL intranasal spray.
(b) It shall be an affirmative defense to a violation of this subsection (2) to demonstrate either:
(.1) fewer than three (3) days elapsed between the date of the violation and the last preceding date on which the Retail Pharmacy was in compliance with this subsection (2); or
(.2) fewer than seven (7) days elapsed between the date of the violation and the last preceding date on which the Retail Pharmacy was in compliance with this subsection (2), and the Retail Pharmacy had ordered adequate replacement stock prior to receiving the violation.
(c) The Board of Health may promulgate regulations to update the stocking requirements of this subsection (2), including subsection (2)(a), in consideration of contemporaneous scientific research.
(3) Signage Requirement. Retail Pharmacies shall display a Department Sign or Department Signs in a location or locations so that a Department Sign is visible and legible from all points of sale at which a Pharmacist dispenses pharmaceuticals. The Department may approve variations in the sign design at the request of a Retail Pharmacy.
(4) Exception. A Retail Pharmacy at which all practicing Pharmacists refuse in accordance with applicable law to dispense Opioid Antidotes under any circumstances shall not be subject to the provisions of this Section. Such refusals shall be submitted annually to the Department on a form issued by the Department.
(5) Enforcement and Penalties. The Department shall enforce this Section. A violation of this Section shall be a Class III offense. Each day a violation continues shall constitute a separate offense. The amount required to be remitted in response to a notice of violation of this Section pursuant to Section 1-112 shall be two hundred fifty dollars ($250).
Notes
963 | Added, Bill No. 180695 (approved December 11, 2018). |
(1) Definitions. For purposes of this Section, the following terms shall have the following meanings:
Adults-Only Establishment. An establishment that holds an active Adults-Only ESD Establishment License issued pursuant to subsection 9-638(6).
Department. The Department of Public Health.
(2) Sale of Electronic Smoking Devices with a Characterizing Flavor Restricted. Except at an Adults-Only Establishment, no person shall sell or offer for sale, or possess with intent to sell or offer for sale, any Electronic Smoking Device with a Characterizing Flavor, defined as a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during use of an Electronic Smoking Device or of any byproduct produced by the Electronic Smoking Device, including, but not limited to, any taste or aroma relating to fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice; provided, however, that an Electronic Smoking Device shall not be determined to have a Characterizing Flavor solely because of the use of additives or flavorings or the provision of ingredient information.
(3) Sale of Electronic Smoking Devices with Nicotine Salt Restricted. Except at an Adults-Only Establishment, no person shall sell or offer for sale, or possess with intent to sell or offer for sale, any Electronic Smoking Device with nicotine salt.
(a) This subsection 9-638(3) shall not apply to Electronic Smoking Devices that contain 20 mg/ml or less of nicotine in any form.
(4) Overriding Clause Restricting the Sale of All Electronic Smoking Devices to Adults-Only Establishments. If and only if subsection 9-638(3) or (3)(a) is held by a court to be illegal, invalid, or unconstitutional, then this subsection (4) shall be effective. No person shall sell or offer for sale, or possess with intent to sell or offer for sale, any Electronic Smoking Device, except at an Adults-Only Establishment.
(5) Except at an Adults-Only Establishment, no person shall sell or offer for sale, or possess with intent to sell or offer for sale, any Electronic Smoking Device, unless such Device or category of Devices has been approved by the Department as permitted for sale under this Section. The Department, by regulation, shall provide an expeditious approval process.
(6) Adults-Only ESD Establishment License. The Department shall issue and renew an Adults-Only ESD Establishment License, which shall be issued and renewed annually on a calendar year basis, to an establishment that adequately demonstrates via application to the Department on a form developed by the Department that the establishment:
(a) holds a valid Tobacco Retailer Permit issued pursuant to Section 9-631;
(b) does not permit persons under 18 years of age, or persons of such other higher age who are legally prohibited from purchasing an Electronic Smoking Device in the Commonwealth of Pennsylvania as may be established by law, to enter any portion of the establishment, at any time of day;
(c) has a formal, written employee training and compliance protocol for exclusion of persons whose entry is to be restricted in accordance with subsection (6)(b), including implementation of identification checks at entry; and
(7) Enforcement.
(a) A violation of this Section shall be a Class III offense. Each day a violation continues shall constitute a separate offense. The amount required to be remitted in response to a notice of violation of this Section pursuant to Section 1-112 shall be two hundred fifty dollars ($250).
Notes
964 | Added, Bill No. 190804 (approved December 18, 2019). |
(1) Definitions. For purposes of this Section, the following terms shall have the following meanings:
Characterizing Flavor. A taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a Tobacco Product or any byproduct produced by the Tobacco Product, including, but not limited to, any taste or aroma relating to fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, herb, or spice; provided, however, that a Tobacco Product shall not be determined to have a Characterizing Flavor solely because of the use of additives or flavorings or the provision of ingredient information.
Flavored Cigar. Any item rolled for smoking containing tobacco, including cigars and cigarillos, that imparts a Characterizing Flavor, except any cigarette subject to the tax authorized by Section 19-1807.
Flavored Roll-Your-Own Tobacco. Any Tobacco Product that imparts a Characterizing Flavor and that, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for rolling and smoking.
Tobacco Product. As defined in subsection 9-631(1) of this Code.
Tobacco Products Distribution Business. An establishment that prohibits minors from entering; provides neither food nor beverage to customers; and derives ninety percent (90%) or more of gross sales on an annual basis from Tobacco Products and accessories used in the consumption of Tobacco Products, including from sales via the internet which are delivered only upon verification of identity and age.
(2) Sale of Flavored Tobacco Products Prohibited. It shall be a violation of this Section for any person to sell or offer for sale, or to possess with intent to sell or offer for sale, any Flavored Cigar or Flavored Roll-Your-Own Tobacco.
(3) Exception. Subsection 9-639(2) shall not apply to any Tobacco Products Distribution Business.
(4) Enforcement.
(a) A violation of this Section shall be a Class III offense. Each day a violation continues shall constitute a separate offense. The amount required to be remitted in response to a notice of violation of this Section pursuant to Section 1-112 shall be two hundred fifty dollars ($250).
Notes
965 | Added, Bill No. 180457 (approved December 18, 2019). Enrolled bill numbered this as Section 9-637; renumbered by Code editor. |
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