(1) Upon a determination that a business is a chronic nuisance business or critical nuisance business, the Department or the Police Department may issue a Notice of Intent to Cease Operations to the business owner, stating that the business has been identified as a chronic nuisance business or critical nuisance business and that the Department may impose a Cease Operations Order pursuant to the procedures set forth in Section A-505 of the Philadelphia Administrative Code unless the business owner either:
(a) Demonstrates to the issuing department that adequate remedial measures have been taken to address the conduct that led to the designation of the business as a chronic nuisance business or critical nuisance business; or
(b) Enters into a nuisance abatement plan pursuant to Section 9-4404.
Such Notice of Intent to Cease Operations may include proposed remedial measures such as some or all of those identified in Section 9-4404. Any Notice of Intent to Cease Operations issued to a nuisance business based on whole or in part on such business’s unlawful sales of drug paraphernalia shall include the remedial measures set forth in subsections 9-4404(1)(n) and 9-4404(1)(o) and the remedial measures set forth in subsections 9-4404(1)(f) and 9-4404(1)(p), as appropriate. 1376
(2) The Notice of Intent to Cease Operations shall provide the owner with the opportunity to contact the issuing department to request administrative review regarding: issuance of the Notice of Intent to Cease Operations; any demonstration of remedial measures as set forth in (1)(a) above; or an agreement as set forth in (1)(b) above. The Notice of Intent to Cease Operations shall advise the business owner that failure to request administrative review within the timeframe set forth in subsection (3) below may result in imposition of a Cease Operations Order.
(3) The Department may impose a Cease Operations order pursuant to the requirements and procedures set forth in Section A-505 of the Administrative Code at any time:
(a) if administrative review has not been requested within five (5) days of issuance of the Notice of Intent to Cease Operations or there is no good faith effort to request administrative review;
(b) after administrative review has taken place, if the reviewing department determines that the owner has failed to satisfy the requirements of subsections (1)(a) or (1)(b); or
(c) upon a determination that, in order to protect health, safety or welfare, an immediate Cease Operations Order is necessary before the business owner is offered an opportunity to take adequate remedial measures or enter a nuisance abatement plan. An immediate Cease Operations Order shall have the full effect of the subsequent written notice of violation required pursuant to the procedures set forth in Section A-502 of the Administrative Code.
(4) The Department shall lift a Cease Operations Order upon execution by the business owner of a nuisance abatement plan. A Cease Operations issued to a nuisance business based on whole or in part on such business’s unlawful sales of drug paraphernalia may not be lifted unless the nuisance abatement plan includes, at a minimum, the remedial measures set forth in subsections 9-4404(1)(n) and 9-4404(1)(o) and the remedial measures set forth in subsections 9-4404(1)(f) and 9-4404(1)(p), as appropriate. 1377
(5) Any person or organization with knowledge regarding nuisance behavior or serious criminal behavior pertaining to the business or purported remedial measures of the owner may submit written information regarding such behavior or efforts to the Department or Police Department for consideration at the administrative review.
(6) Transfer of business ownership shall not terminate any Notice of Intent to Cease Operations, Cease Operations Order or nuisance abatement plan in effect with respect to a nuisance business. The acquiring business owner shall be responsible for compliance with any enforcement action pending against the nuisance business and prior business owner.
(7) Enforcement action under this Section shall not preclude any other enforcement action against any individual who has engaged in nuisance behavior or serious violent behavior.
(8) Nothing in this Chapter shall limit the issuance of a Cease Operations Order against a business under any other provision of the Code.
Notes
| 1375 | Caption and Section amended, Bill No. 230271 (approved July 5, 2023). Enrolled bill incorrectly numbered all subsections after subsection (2); renumbered by Code editor. |
| 1376 | Amended, Bill No. 230569 (approved December 13, 2023). |
| 1377 | Amended, Bill No. 230569 (approved December 13, 2023). |