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PHILADELPHIA HOME RULE CHARTER
THE PHILADELPHIA CODE
TITLE 1. GENERAL PROVISIONS
TITLE 2. CITY-COUNTY CONSOLIDATION
TITLE 3. AIR MANAGEMENT CODE
TITLE 4. THE PHILADELPHIA BUILDING CONSTRUCTION AND OCCUPANCY CODE
TITLE 4.1. ELECTRICAL CODE
TITLE 4.2. PROPERTY MAINTENANCE CODE
TITLE 5. FIRE PREVENTION CODE
TITLE 6. HEALTH CODE
TITLE 7. HOUSING CODE
TITLE 8. PLUMBING CODE
TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS
CHAPTER 9-100. GENERAL PROVISIONS
CHAPTER 9-200. COMMERCIAL ACTIVITIES ON STREETS
CHAPTER 9-300. COMMUNICATION
CHAPTER 9-400. CARRIERS
CHAPTER 9-500. BOILERS, FUEL, HEAT AND REFRIGERATION
CHAPTER 9-600. SERVICE AND OTHER BUSINESSES
CHAPTER 9-700. AMUSEMENT BUSINESSES
CHAPTER 9-800. LANDLORD AND TENANT
CHAPTER 9-900. PROFESSIONS
CHAPTER 9-1000. TRADES
CHAPTER 9-1100. FAIR PRACTICES ORDINANCE: PROTECTIONS AGAINST UNLAWFUL DISCRIMINATION
CHAPTER 9-1200. CONDOMINIUM AND COOPERATIVE CONVERSIONS
CHAPTER 9-1300. INSPECTION BUSINESSES
CHAPTER 9-1400. WEIGHTS AND MEASURES
CHAPTER 9-1500. NOTIFICATION OF INTENTION TO CLOSE OR RELOCATE OPERATIONS
CHAPTER 9-1600. PROHIBITION AGAINST UNLAWFUL EVICTION PRACTICES
CHAPTER 9-1700. REQUIRED POLICY FOR EMPLOYERS WITHIN THE CITY OF PHILADELPHIA REGARDING ASPECTS OF TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS
CHAPTER 9-1800. PROTECTING PHILADELPHIA'S RESTAURANTS DURING THE COVID-19 PANDEMIC
CHAPTER 9-1900. FIRE INSURANCE ESCROW ACCOUNTS: MUNICIPAL CERTIFICATE REQUIRED PRIOR TO PAYMENT OF FIRE LOSS CLAIMS
CHAPTER 9-2000. SALE OF MALT OR BREWED BEVERAGES
CHAPTER 9-2100. CIGARETTE VENDING MACHINES
CHAPTER 9-2200. EXPEDITERS
CHAPTER 9-2300. PROTECTION OF DISPLACED SERVICE EMPLOYEES
CHAPTER 9-2400. PROHIBITION AGAINST PREDATORY LENDING PRACTICES
CHAPTER 9-2500. FIRE SUPPRESSION SYSTEM WORKERS
CHAPTER 9-2600. PLANNED EVENT PERMITS
CHAPTER 9-2700. SALES OF ALCOHOL; VERIFICATION OF AGE
CHAPTER 9-2800. UNIVERSITIES, PROPERTY OWNERS OR MANAGERS AND STUDENTS
CHAPTER 9-2900. TAKE-OUT SALE OF MALT AND BREWED BEVERAGES
CHAPTER 9-3000. SHEET METAL TECHNICIAN
CHAPTER 9-3100. USE OF MERCURY IN DENTISTRY
CHAPTER 9-3200. ENTITLEMENT TO LEAVE DUE TO DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING
CHAPTER 9-3300. USE AND INSPECTION OF TOWER AND MOBILE CRANES IN CONSTRUCTION
CHAPTER 9-3400. ENERGY CONSERVATION
CHAPTER 9-3500. FAIR CRIMINAL RECORD SCREENING STANDARDS
CHAPTER 9-3600. AGENTS AND SHERIFF'S SALES
CHAPTER 9-3700. BOUNCERS
CHAPTER 9-3800. ELECTRIC FENCES
CHAPTER 9-3900. PROPERTY LICENSES AND OWNER ACCOUNTABILITY
CHAPTER 9-4000. AUTOMATED PURCHASING MACHINES
CHAPTER 9-4100. PROMOTING HEALTHY FAMILIES AND WORKPLACES
CHAPTER 9-4200. DONATION BINS
CHAPTER 9-4300. WAGE THEFT COMPLAINTS
CHAPTER 9-4400. RESPONSIBLE BUSINESS OPERATIONS
CHAPTER 9-4500. PROTECTIONS FOR DOMESTIC WORKERS
CHAPTER 9-4600. FAIR WORKWEEK EMPLOYMENT STANDARDS
CHAPTER 9-4700. WRONGFUL DISCHARGE FROM PARKING EMPLOYMENT
CHAPTER 9-4800. RESPONSIBILITIES CONCERNING BED BUG INFESTATION
CHAPTER 9-4900. PROHIBITION ON USE OF CERTAIN BAGS BY RETAIL ESTABLISHMENTS
CHAPTER 9-5000. EMPLOYEE PROTECTIONS IN CONNECTION WITH COVID-19 EMERGENCY HEALTH ORDER
CHAPTER 9-5100. FOOD DELIVERY SERVICES
CHAPTER 9-5200. RESIDENTIAL PROPERTY WHOLESALERS
CHAPTER 9-5300. TRAVEL AND HOSPITALITY WORKER RECALL AND RETENTION
CHAPTER 9-5400. RETENTION OF HOTEL WORKERS
CHAPTER 9-5500. PROHIBITION ON TESTING FOR MARIJUANA AS A CONDITION FOR EMPLOYMENT
CHAPTER 9-5600. WORKFORCE AND CAREER PATHWAYS INFORMATION SHEET
CHAPTER 9-5700. LEASING OF COMMERCIAL PROPERTY
CHAPTER 9-5800. TANGLED TITLE DISCLOSURE
CHAPTER 9-5900. PROHIBITION ON CERTAIN GAMING AND SKILL-BASED DEVICES
CHAPTER 9-6000. EMPLOYEE COMMUTER TRANSIT BENEFIT PROGRAMS
CHAPTER 9-6100. MOTOR VEHICLE SALVAGING, DISMANTLING, RECYCLING, OR REPAIRING
CHAPTER 9-6200. TRESPASSING IN RETAIL ESTABLISHMENTS
CHAPTER 9-6300. CONSUMER PROTECTION ORDINANCE
CHAPTER 9-6400. OPERATION AND MAINTENANCE OF ELECTRIC VEHICLE CHARGING STATIONS
TITLE 10. REGULATION OF INDIVIDUAL CONDUCT AND ACTIVITY
TITLE 11. STREETS
TITLE 12. TRAFFIC CODE
TITLE 13. WATER AND SEWER
TITLE 14. ZONING AND PLANNING
TITLE 15. PARKS AND RECREATION
TITLE 16. PUBLIC PROPERTY
TITLE 17. CONTRACTS AND PROCUREMENT
TITLE 18. COMMERCE AND AVIATION
TITLE 19. FINANCE, TAXES AND COLLECTIONS
TITLE 20. OFFICERS AND EMPLOYEES
TITLE 21. MISCELLANEOUS
TITLE 22. PUBLIC EMPLOYEES RETIREMENT CODE
CHAPTER 9-1500. NOTIFICATION OF INTENTION TO CLOSE OR RELOCATE OPERATIONS 1178

 

Notes

1178
   Added, 1982 Ordinances, p. 1329.
§ 9-1501. Definitions.
   (1)   Closing. The permanent shutting down of operations at any establishment for any reason other than the employer has filed for bankruptcy in accordance with Federal bankruptcy laws or as the result of an involuntary closing as defined in subsection 9-1501(4).
   (2)   Employer. Any person, corporation or other entity which employs or has employed at any time in the proceeding twelve (12) month period at least fifty individuals and has operated an industrial, commercial or business enterprise in the City of Philadelphia for more than six (6) months prior to the proposed date of closing or relocation, but does not include the Commonwealth of Pennsylvania, the City of Philadelphia or nonprofit corporations.
   (3)   Establishment. Any factory, plant, office, facility, or other working place of an employer, but does not include a construction site, or other work place intended as a temporary work place.
   (4)   Involuntary Closing.
      (a)   Any closing pursuant to a court order; or
      (b)   Any closing caused by fire, flood, or natural disaster, a national emergency, acts of war, civil disorder, or industrial sabotage.
   (5)   Relocation. The transfer of all or substantially all of an employer's operation from one establishment to another existing or proposed establishment owned or operated by the employer or parent corporation or subsidiaries thereof, located outside the City of Philadelphia unless such relocation is to an establishment within reasonable commuting distance from the first establishment.
§ 9-1502. Notification Requirements.
   (1)   Whenever an employer within the City of Philadelphia makes a decision to close or relocate the operations of an establishment of that employer, the employer shall notify in writing the Director of Commerce of the City of Philadelphia, the employees of the affected establishment, and any employee organization which represents the employees of the affected establishment, of such intent to close or relocate not less than sixty days prior to the date of such closing or relocation.
   (2)   The written notice required by subsection (1) shall include the following:
      (a)   The nature of the establishment affected by the closing or relocation of operations.
      (b)   The reasons for the proposed closing or relocation.
      (c)   An impact statement which shall include information concerning the:
         (.1)   employer's payroll.
         (.2)   number of employees to be affected by the proposed action.
         (.3)   wages and other remunerations paid to those employees.
         (.4)   the employer's efforts, if any, to find suitable employment for affected employees.
         (.5)   amount of local tax revenue that will be lost as a result of the proposed action.
      (d)   The proposed date of closing or relocation.
      (e)   The employer's intentions, if any, to continue production at a new location.
      (f)   Any plans the employer might have to sell the establishment, including a statement as to whether the employees have been given first right of refusal to buy and operate the establishment.
§ 9-1503. Exclusions.
   (1)   This ordinance [Chapter] does not apply to:
      (a)   An involuntary closing of an establishment;
      (b)   An employer who has filed for bankruptcy in accordance with Federal Bankruptcy laws; and
      (c)   The discharge of employees due to strikes and lockouts.
   (2)   This ordinance [Chapter] does not affect the right of employees to longer notice as specified in a collective bargaining agreement.
§ 9-1504. Sanctions and Enforcement.
   If a court of appropriate jurisdiction finds that an employer has intentionally failed to provide written notification of its intention to close or relocate its operations at least sixty days prior to such action as provided by Section 9-1502, the court may enjoin the employer from carrying out such action until the employer has given proper notice or has otherwise complied with the requirements of this ordinance. If prior to the commencement of a civil action to enforce Section 9-1502, as provided by this Section, an employer has closed or relocated its operations in violation of this ordinance [Chapter], the court shall award to each affected employee as damages an amount equal to the average daily wage of the employee times the number of days (not including non-working days) short of sixty days in which notice has not been provided by the employer.