§ 10-723. Distribution of Commercial and Non-Commercial Handbills on Sidewalks, Streets, and Private Property. 227

   (1)   Legislative Findings. The Council of the City of Philadelphia finds:

      (a)   The distribution of commercial handbills and non-commercial handbills in the City of Philadelphia causes the streets, sidewalks and private property to be littered and unsightly, and causes sewer mains and culverts to become clogged and unsanitary, thereby creating an unsanitary condition which is detrimental to the good health of the community; and

      (b)   A large part of the commercial handbills and non-commercial handbills distributed are immediately thrown upon the streets and sidewalks, thereby rendering them unsafe to the traveling public and causing a public nuisance; and

      (c)   Commercial handbills account for a substantial portion of the City's litter and Distributors should share the responsibility of keeping the City clean; and

      (d)   Enforcement personnel are often confronted with nuisance causing or unlawfully disposed commercial handbills on streets, property and landscapes, but have no means for identifying the Distributor thereof; and

      (e)   A registration and license requirement for Distributors of commercial handbills would ensure proper enforcement of Sections 10-723, 10-723.1, 10-723.2 of the Code by providing the City with an address at which notice of any violation of the Chapter could be served, without infringing upon the Distributor's freedom of expression, as well as by providing a means for identifying violating Distributors.

   (2)   No distributor, distribution business or person shall distribute commercial handbills on any sidewalk or other public place, or by means of door-to-door distribution, unless a valid license is obtained from the Department of Licenses and Inspections. Notwithstanding the foregoing, if a distribution business or a distributor has obtained a valid license, then neither a person distributing commercial handbills on behalf of such distribution business or distributor, nor a distributor on whose behalf such a distribution business is distributing commercial handbills, need obtain a license.

      (a)   The Department of Licenses and Inspections shall immediately grant a Commercial Handbill Distributor's License upon the registration by the distributor or person engaged in the business of distributing commercial handbills, of its name, daytime phone number, business address and the payment of fifty dollar ($50) fee, or such other fee as may be established 228 by regulation, to cover the costs of program administration, provided that the fee shall not be increased to an amount higher than the fee as it existed on July 1, 2017, multiplied by the CPI Multiplier, as defined in Section 9-102 of the Code. 229

      (b)   It shall be the responsibility of the person to whom a valid Commercial Handbill Distributor's License is issued to report within five (5) working days any changes in the information provided to the Department when the license was originally issued.

      (c)   The Department of Licenses and Inspections may immediately revoke any issued Commercial Handbill Distributor's License only if the distributor to whom the license was granted commits or fails to take appropriate action to prevent a violation of any provision of this Chapter, including, but not limited to, Sections 10-723.1 and 10-723.2.

      (d)   The Department of Licenses and Inspections may assess a penalty, as provided in Sections 10-718 and 10-719, upon any Distributor, Distribution Business or other person who commits or fails to take appropriate action to prevent a violation of any provision of this Chapter, including, but not limited to, Sections 10-723.1 and 10-723.2.

      (e)   Each license shall be valid for a twelve (12) month period.

      (f)   Any license revocation shall be automatically stayed if a hearing before a Municipal Court Judge is requested. The stay shall remain in effect pending the disposition of the hearing. The accused shall have the right to be notified of the accusation. The defendant shall not have a right to a jury trial on the matter.

 

Notes

227	Added, 1993 Ordinances, p. 1104.
228	Enrolled bill read "...as may established...."
229	Amended, Bill No. 170165 (approved April 4, 2017).