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(1) Required.
(a) The owners of vacant piers, bulkheads, wharves, docks, moored vessels, and other structures that have structural elements partly or totally below water along the shorelines of the Delaware River, Schuylkill River, or estuaries shall obtain a Vacant Waterfront Structure License. Occupied waterfront structures shall comply with the requirements of PM-314 and are not required to be licensed under this Section.
(2) Additional Issuance Requirement. In addition to the license application requirements set forth in subsection 9-3901(2), an application for a new Vacant Waterfront Structure License or the renewal of such license shall also contain the following information:
(a) A certification that the structure for which application is made has a barrier to human occupancy which is maintained at all points of access from the on-shore side of the structure.
(b) Proof that the structure is posted on all sides, in a visible and conspicuous manner, with "Danger - No Trespassing" signs.
(1) Required Designation of Managing Agent.
(a) The owner of any property required to obtain a rental license, Vacant Lot License, Vacant Structure License, or Vacant Waterfront Structure License, shall designate a Managing Agent for the property.
(2) Managing Agent Requirements.
(a) A Managing Agent must be a natural person over the age of eighteen years who resides within the City or customarily or regularly attends a business office maintained within the City, who has agreed to carry out the responsibilities set forth in subsection (3).
(b) An owner (or, in the case of a corporate owner, a principal of the corporation) who meets the qualifications of subsection (2)(a) may be designated as the Managing Agent.
(3) Duties of a Managing Agent. A Managing Agent shall:
(a) Receive and accept, on behalf of the owner, any notices, orders, or summonses issued by the Department and any service of process for all matters related to the relevant property. 1332
(b) In the case of a Managing Agent for an owner who is required to obtain a rental license, the Managing Agent shall at the inception of each tenancy (i) provide to the tenant contact information (including telephone number and address, which must be a Philadelphia address and not a post office box) for the Managing Agent, and information as to whether the Managing Agent is responsible for routine maintenance of the property and, if not, contact information for the person who is responsible for such routine maintenance; and (ii) ensure that the information required to be provided to the tenant under subsection 9-3903(1)(a) is in fact provided.
Notes
| 1332 | Amended, Bill No. 180939-A (approved January 3, 2019), effective July 1, 2020. |
| 1333 | Added, Bill No. 180939-A (approved January 3, 2019), effective July 1, 2020. |
(1) Notification of License Obligation.
(a) Whenever the City issues a certificate to an owner indicating the zoning classification and the legality of the existing use of a property to be sold, as required by the act of November 28, 1973 (P.L. 348, No. 121), as amended (21 P.S. § 613), such certificate shall include a summary of the license and owner accountability responsibility requirements of this Chapter and the property maintenance requirements of Title 4, Subcode PM (the Philadelphia Property Maintenance Code). Such summary shall contain, at minimum, the following information:
(.1) an explanation of the property license requirements, including the following statement: "No person shall collect rent with respect to any property without first obtaining a license pursuant to Chapter 9-3900 of The Philadelphia Code.";
(.2) an explanation of the license requirements applicable to vacant lots, structures and waterfront structures, including the following statement: "The owner of a vacant lot, structure or waterfront structure is required to obtain a license pursuant to Chapter 9-3900 of The Philadelphia Code." 1335
(.3) an explanation of how an owner can obtain a copy of the Philadelphia Property Maintenance Code; and
(.4) the following statement: "Failure of the buyer to obtain a property license, if required by Chapter 9-3900 of The Philadelphia Code, within ten (10) days after the transfer of ownership shall constitute a violation of The Philadelphia Code and may result in fines and penalties."
Notes
| 1334 | |
| 1335 | Added and subsequent subsections renumbered, Bill No. 160249 (approved June 28, 2016). |
(1) No person shall operate a residential dwelling as limited lodging, as defined in subsection 14-604(13) of this Code ("Limited Lodging"), without a Limited Lodging Operator License. Operation in violation of the standards for use as limited lodging as set forth in subsection 14-604(13) shall constitute a violation of this Chapter.
(2) Only a primary resident of a dwelling unit, as further defined in subsection 14-604(13) of this Code, may operate property as limited lodging and obtain such a license, provided that in the Tenth Councilmanic District only a primary resident who is the owner of the property may operate limited lodging and obtain such a license, and a renter may not do so.
(4) An application for such a license shall be submitted on a form as established by the Department. To obtain a license, the applicant must:
(a) Have a valid commercial activity license;
(b) Have no outstanding violation notices issued under Title 4 of this Code associated with the property for which the application is made, unless the owner has filed an appeal of the violation which is pending, and the owner has notified the Department of such appeal in a manner prescribed by the Department;
Exception: The Department of Licenses and Inspections may promulgate regulations regarding conditions under which this license may be issued despite violations of Section PM-108.1.3 (Unsafe shared retaining walls). 1337
(c) Provide confirmation in a form established by the Department of authority to operate the property for such purpose, including satisfaction of zoning requirements;
(d) If an owner of the property is not a natural person or a publicly traded company, the application shall identify, in addition to the owner of the property, the name and preferred mailing address of each natural person who has an equity interest in such owner or owners of the property that exceeds one or more of the following, regardless of whether the natural person has a direct equity interest or such natural person's equity interest is held through one or more tiers of a corporate structure, such as parent-subsidiary structure: (a) forty-nine percent (49%) of the value of the property or (b) forty-nine percent (49%) of the value of the owner of the property. If no natural person has such an interest, the application shall identify the name and preferred mailing address of the two natural persons who have the largest equity interest in the property; and
(e) Satisfy such lead paint safety requirements of Chapter 6-800 ("Lead Paint Certification and Disclosure") as may be determined by the Department of Public Health by regulation.
(5) No dwelling unit may be operated as limited lodging except through a booking agent licensed under Section 9-3910 ("Limited Lodging and Hotels Booking Agent License"). Prior to listing a dwelling as a limited lodging unit with a booking agent, the operator shall provide proof to the booking agent that a valid Limited Lodging Operator License has been issued and is active for the premises.
(6) An operator shall conspicuously identify the operator's license number in all advertising and communications that indicate that a dwelling is available for use as limited lodging.
Notes
| 1336 | Added, Bill No. 210081 (approved June 23, 2021), effective April 1, 2022. |
| 1337 | Added, Bill No. 230647 (approved December 13, 2023). |
(1) Booking Agent. Means a person or entity that facilitates reservations for the direct or indirect receipt of a fee for, or collects payment for, accommodations on behalf of a person offering to the public a residential dwelling as limited lodging or as a hotel or similar short-term rental. Merely publishing an advertisement for accommodations does not make the publisher a Booking Agent. A Booking Agent does not include a person or entity that facilitates reservations or collects payment for accommodations if the accommodations are offered by a person operating under the same trademark, trade name, or service mark used by the person or entity facilitating reservations or collecting payment, provided that such person or entity maintains a publicly available telephone contact number through which such person or entity receives and processes complaints concerning activities at such accommodations.
(2) No person or entity shall, in exchange for compensation, act as a booking agent with respect to limited lodging, hotel or similar short-term rental use unless the person or entity has a valid Limited Lodging and Hotels Booking Agent License.
(3) No person shall, in exchange for compensation, act as a booking agent in connection with any particular property without first obtaining:
(a) evidence that either: (.1) a valid Limited Lodging Operator License; or (.2) a rental license pursuant to Section 9-3902 ("Rental Licenses"), identified as a hotel rental license upon establishment of rental license categories by the Department by regulation, is in place in connection with the property; and
(b) written consent from the holder of the license for the disclosure to the City of the information required under this Section.
(4) A booking agent that has been notified by the City that the required Limited Lodging Operator's license or rental license required to operate a particular property is not in place, or the property is ineligible for use as intended in the booking for some other reason, shall remove the listing within five (5) business days of notification and confirm that it has done so. A booking agent so notified who removes the listing within such period shall not be liable for a violation associated with such listing.
(5) As a condition of such license, a booking agent shall provide to the Department such information concerning operator transactions, in such format and with such frequency as established by the Department, as may be required by regulation.
Notes
| 1338 | Added, Bill No. 210081 (approved June 23, 2021), effective April 1, 2022. |
(1) Knowingly providing false or misleading information regarding those natural persons having an ownership or other equity interest in a property or owner, or regarding contact information for managing agents under this Chapter 9-3900, shall be a Class III offense, and the negligent provision of such false or misleading information shall be a Class II offense. Each day of violation shall constitute a separate offense.
Notes
| 1339 |