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§ 9-629. Drug Paraphernalia, Blunt Cigars, and Similar Items. 948
   (1)   It shall be unlawful for any person, including any retail business, to sell or offer for sale any of the following:
      (a)   Any item that constitutes drug paraphernalia, as that term is defined in the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-102, where the seller knows, or under the circumstances reasonably should know, that it would be used to convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of that Act, especially any of the following:
         (.1)   Containers, bags, capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances, as well as cigars, cigarettes and related items intended for use in concealing or holding such substances;
         (.2)   Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:
            (.a)   Cigars sold singly, flavored cigars known as "blunts", unflavored "blunts", flavored and unflavored blunt wraps, cigarette rolling papers, cigarillos, and tiparillos;
            (.b)   Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
            (.c)   Water pipes;
            (.d)   Carburetion tubes and devices;
            (.f)   Smoking and carburetion masks;
            (.g)   Roach clips; meaning objects used to hold burning material such as a marihuana cigarette that has become too small or too short to be held in the hand;
            (.h)   Chamber pipes;
            (.i)   Carburetor pipes;
            (.j)   Electric pipes;
            (.k)   Air-driven pipes;
            (.l)   Chillums;
            (.m)   Bongs;
            (.n)   Ice pipes or chillers;
            (.o)   Miniature cocaine spoons and cocaine vials;
            (.p)   Rose and pen combinations.
   (2)   It shall be unlawful for any person, including any retail business, to sell or offer for sale within five hundred (500) feet of a school, recreation center, day care center, church, or community center any of the items identified in either subsection 9-622(5) or subsection 9-629(1), regardless of the intent as to use of the item. 949
   (3)   Exception. This Section shall not apply to cigarettes in packages of 20 or more included in the directory published pursuant to Section 301 of the Pennsylvania Tobacco Product Manufacturer Directory Act, 35 P.S. § 5702.301.
   (4)   Penalties.
      (a)   In addition to the penalties as presently provided by law, any person in violation of this Section shall be subject to a civil penalty of seven hundred dollars ($700) for each violation committed during calendar year 2005; one thousand one hundred dollars ($1,100) for each violation committed during calendar year 2006; one thousand five hundred dollars ($1,500) for each violation committed during calendar year 2007; one thousand nine hundred dollars ($1,900) for each violation committed during calendar year 2008; and two thousand dollars ($2,000) for each violation committed thereafter.
      (b)   In addition to the penalties outlined above, the Department of Licenses and Inspections may revoke the commercial activity license of any person violating the provisions of this Section. 950

 

Notes

948
   Added, Bill No. 060345-AAA (approved January 23, 2007).
949
   Subsections 9-622(5)(a) and 9-629(2) were invalidated by the Supreme Court of Pennsylvania. See Holt's Cigar Co., Inc. v. City of Philadelphia, 10 A.3d 902, 914 (Pa. 2011).
950
   Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012.
§ 9-630. Seventh District Commercial Business Hour Restriction. 951
   (1)   Definitions.
      (a)   Commercial Establishment. An establishment involved in the buying and selling of goods where consumers primarily purchase goods intended for consumption or use off premises, including a Food Establishment as defined in Code Section 6-102, provided however that any Food Establishment with a Restaurant Liquor License shall not be covered by this Section and further provided that this Section shall not apply to a Food Establishment that serves customers exclusively from a drive-through window or any vehicle fueling station.
   (2)   Prohibited Conduct. Notwithstanding any other provision of this Code, no Commercial Establishment shall be open to the public between 11 p.m. and 6 a.m. at the following streets or any other location which Council shall from time to time ordain:
      (a)   The area bounded by East Lehigh Ave., Kensington Ave., D St., East Tioga St. and Frankford Ave. This bounded area will include all businesses located on both sides of the boundary blocks.
      (b)   The area bounded by North 5th St., Erie Ave., North 9th St. and Roosevelt Blvd. This bounded area will include all businesses located on both sides of the boundary blocks.
      (c)   The area bounded by East Hunting Park Ave., North 5th St., Roosevelt Blvd. and Castor Ave. This bounded area will include all businesses located on both sides of the boundary blocks.
      (d)   The area bounded by East Lehigh Ave., North 2nd St., East Hunting Park Ave., Whitaker Ave. and B St. This bounded area will include all businesses located on both sides of the boundary blocks.
   (3)   Penalties. The penalty for a violation of this Section shall be a fine of five hundred dollars ($500) for each offense for each day the violation continues.
   (4)   Sunset Provision. The provisions of this Section 9-630 shall expire January 1, 2028.

 

Notes

951
   Added, Bill No. 080085-A (approved June 18, 2008); amended, Bill No. 090777-A (approved February 17, 2010); amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012; repealed, Bill No. 171124 (approved March 14, 2018); added, Bill No. 240013-A (approved April 3, 2024); amended, Bill No. 240498 (approved August 12, 2024).
§ 9-631. Tobacco Retailer Permit. 952
   (1)   Definitions. For purposes of this Section, the following terms shall have the following meanings:
      Electronic Smoking Device. An electronic device, the use of which simulates tobacco smoking, that is intended to deliver nicotine to the person inhaling from the device; the term includes any solution, compound, or other substance containing nicotine and manufactured for use with such a device. The term shall not include a tobacco product as defined in this Section.
      Tobacco Product. Any substance containing tobacco leaf, including without limitation cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, snus, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco.
      Tobacco Retailer. A person who, in the usual course of business, purchases or receives tobacco products, electronic smoking devices, or unapproved nicotine delivery products for the purpose of sale to a consumer.
      Tobacco Retailing. The sale of tobacco products, electronic smoking devices, or unapproved nicotine delivery products to a consumer.
      Unapproved Nicotine Delivery Product. A product, other than an electronic smoking device or a tobacco product, containing or delivering nicotine intended or expected for human consumption, or any part of such a product, that has not been approved or otherwise certified for sale by the United States Food and Drug Administration as a tobacco use cessation product, or for other medical purposes.
   (2)   Tobacco Retailer Permit Required.
      (a)   No person shall act as a Tobacco Retailer without a current Tobacco Retailer Permit for each location where the person engages in Tobacco Retailing. Acting as a Tobacco Retailer without a permit is hereby declared a nuisance as a matter of law.
      (b)   Each Tobacco Retailer shall prominently display the Tobacco Retailer Permit at each location where the person engages in Tobacco Retailing.
      (c)   A Tobacco Retailer Permit shall be issued to an applicant if, in addition to any other applicable requirement, all of the following requirements are met:
         (.1)   If the applicant is an individual, such applicant is at least eighteen (18) years of age.
         (.2)   The applicant has provided all material information required by the application.
         (.3)   The applicant has not made any material false statement in the application.
         (.4)   The applicant currently maintains a valid cigarette retailer license from the Pennsylvania Department of Revenue, if required.
         (.5)   The applicant currently maintains a valid commercial activity license and any license or permit required under this Title. 953
         (.6)   The location for which the Tobacco Retailer Permit is sought is fixed, and not mobile.
         (.7)   Any other requirement adopted by the Board of Health which the Board deems appropriate for the protection of public health.
      (d)   A Tobacco Retailer Permit is valid for one person at one location and may not be transferred from one person to another or from one location to another. A new Tobacco Retailer Permit is required whenever a Tobacco Retailer changes location or transfers ownership.
   (3)   Expiration, Renewal, and Revocation.
      (a)   Term. A Tobacco Retailer Permit shall be effective through the thirty-first day of December of the calendar year for which it is issued.
      (b)   Renewal. Any person lawfully issued a Tobacco Retailer Permit pursuant to the provisions of this Section shall be entitled to renew such permit, provided that all the requirements of this Section, and any other applicable requirements, are met.
         (.1)   A Tobacco Retailer shall apply for renewal and submit the applicable renewal fee no later than sixty (60) days prior to expiration of the permit term. Renewal applications submitted less than sixty (60) days prior to the expiration of the permit term shall be subject to both the new application fee, and the renewal fee.
         (.2)   Applicants for renewal shall meet the requirements for Tobacco Retailer Permit set forth under subsection (2).
      (c)   Revocation of Permit.
         (.1)   A Tobacco Retailer Permit may be revoked for any of the following reasons:
            (.a)   Failure to provide all information required as a condition of issuing a Tobacco Retailer Permit;
            (.b)   Making a material false statement in an application for a Tobacco Retailer Permit or in a renewal application for a Tobacco Retailer Permit;
            (.c)   Failure to maintain a valid cigarette retailer license from the Pennsylvania Department of Revenue, if required;
            (.d)   Failure to maintain a valid commercial activity license or any other license or permit required under this Title; 954
            (.e)   The person issued a Tobacco Retailer Permit is delinquent in the payment of any City or School District of Philadelphia taxes, charges, fees, rents or claims, or any penalties or fines relating to the person's business for which the person is responsible, unless the person has entered into an agreement to pay any such delinquency and is abiding by the terms of such agreement.
            (.f)   The person issued a Tobacco Retailer Permit engages in Tobacco Retailing at any other location in the City in violation of any provision of this Section, or any requirement adopted by the Board of Health with respect to Tobacco Retailing.
         (.2)   New Permit After Revocation. A new Tobacco Retailer Permit shall not be issued to a Tobacco Retailer within ten (10) days after the first revocation within any thirty-six (36) month period, within fifteen (15) days after the second revocation within any thirty-six (36) month period, or within sixty (60) days after the third or subsequent revocation within any thirty-six (36) month period.
   (4)   Fees. The application fee shall be fifty dollars ($50), and the renewal fee shall be fifty dollars ($50), except that the Board of Health may alter these fee amounts by regulation, based on the total cost of the administration and enforcement of this Section. The application fee shall be paid at the time the application is submitted. The renewal fee shall be paid at the time the renewal application is submitted.
   (5)   Enforcement. A violation of this Section shall be a Class III offense. Each day a violation continues shall constitute a separate offense.
   (6)   Severability. If a court of competent jurisdiction declares any part of this Section to be invalid, such judgment shall not affect the validity of this Section as a whole or any remaining part thereof. It is the intention of City Council that the remaining provisions of this Section would have been adopted as if such part found to be invalid had not been enacted.

 

Notes

952
   Added, Bill No. 110374 (approved June 22, 2011). Section 2 of Bill No. 110374 provides: "This Ordinance shall take effect immediately, except that subsections (2)(a) and (2)(b) shall take effect on January 1, 2012."
953
   Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012.
954
   Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012.
§ 9-632. Television Access Providers and Installers. 955
   (1)   Findings: The Findings set forth in Section PM-304.6.1 of this Code are incorporated herein by reference. 956
   (2)   Where an alternative location is available for placement of a satellite dish or antenna, with no material delay or reduction in signal reception and at no significant additional cost to the owner or tenant (including but not limited to a roof, rear yard or facade, or side yard or facade), no television access provider or installer shall place or install a satellite dish or antenna between the facade of a one-family dwelling and the street.
   (3)   Where an alternative location is available, including but not limited to a roof, rear yard or facade, or side yard or facade, no television access provider or 957 installer shall place or install a satellite dish or antenna between the facade of a multiple-family or two-family dwelling and the street, unless the device is wholly within a balcony or patio area that is under the exclusive use or control of the unit owner or tenant.
   (4)   If the television access provider or installer ascertains, at the time of installation, that a satellite dish or antenna cannot be placed at a one-family dwelling in a location other than between the facade of a building and the street without a material delay, material reduction in signal reception or significant additional cost, or cannot be placed on a multiple-family or two-family dwelling in compliance with subsection 9-632(3) hereof, the provider or installer shall provide the user of the device with a signed statement certifying that, based on actual testing conducted at the site, the satellite dish or antenna cannot be placed in a location other than between the facade of the building and the street without a material delay, material reduction in signal reception or significant additional cost. In the case of a multiple-family or two-family dwelling, the certification shall state that no alternative location was available as required by subsection 9-632(3). A copy of the certification form shall be provided to the Department, and a copy shall be maintained at the office of the installer or provider.
   (5)   A television access provider or installer of an existing satellite dish or antenna located between the facade of the building and the street shall, within 60 days after the date this ordinance is signed into law, notify the Department, in a form satisfactory to the Department, of the existence of the device, if the owner or tenant of the building at which the satellite dish or antenna is installed intends to continue to maintain the device at that location.
   (6)   The television access provider or installer of a satellite dish or antenna shall remove all satellite dishes or antennas that it previously installed, when such dish or antenna is no longer in service.
   (7)   No television access provider or installer shall place or install a satellite dish or antenna between the facade of a building and the street, where such dish or antenna does not meet one of the criteria set forth in Section PM-304.6.2.4, and unless the installer has painted the dish to match the color of the building facade as closely as possible. 958
   (8)   A television access provider or installer who is found to be in violation of any of the provisions of this Section may be assessed a penalty as provided in Section 9-105.

 

Notes

955
   Added, Bill No. 100200-AAAA (approved November 2, 2011).
956
   Amended, Bill No. 140856 (approved December 19, 2014), effective July 1, 2015.
957
   Enrolled bill read "...provider of installer...."
958
   Amended, Bill No. 140856 (approved December 19, 2014), effective July 1, 2015.
§ 9-633. Sale of Electronic Smoking Devices and Unapproved Nicotine Delivery Products. 959
   (1)   Definitions.
      (a)   Electronic smoking device means an electronic device that delivers nicotine or other substances via vapor for inhalation. The term includes e-cigarettes, e-cigars, e-pipes and any other such products; and includes all component parts, such as e-cigarette batteries, atomizers, vaporizers, replacement cartridges and any solution manufactured for use with such a device. It does not include any product approved or certified for sale by the United States Food and Drug Administration as a tobacco use cessation product, or for other medical purposes. It may also be referred to herein as "e-cigarette".
      (b)   Specialty e-cigarette establishment. An establishment which derives fifty percent (50%) or more of its gross annual revenue from the sale of e-cigarettes and related products, including e-cigarette atomizers, vaporizers, batteries, replacement cartridges and any solution manufactured for use with such devices; or, with respect to such establishments that have been open for less than one full year, on such other basis as the Department of Licenses and Inspections shall by regulation provide.
      (c)   Unapproved Nicotine Delivery Product. A product, other than an electronic smoking device or a tobacco product, containing or delivering nicotine intended or expected for human consumption, or any part of such a product, that has not been approved or otherwise certified for sale by the United States Food and Drug Administration as a tobacco use cessation product, or for other medical purposes.
   (2)   Sales to Minors Prohibited; Mandatory Identification; Warning Signs.
      (a)   It shall be unlawful for any person, including any retail business, to sell or furnish by gift, purchase or other means any electronic smoking device or unapproved nicotine delivery product to any person under the age of eighteen (18) years.
      (b)   No person shall sell any electronic smoking device or unapproved nicotine delivery product unless the purchaser either:
         (.1)   demonstrates proof of legal age by means of a photographic identification card issued by a government entity; or
         (.2)   reasonably appears to be at least twenty-seven years of age.
      (c)   Defenses.
         (.1)   It shall be a defense to a charge of unlawful sale to a person under eighteen (18) years of age that the seller reasonably relied on photographic identification pursuant to the preceding subsection (b), notwithstanding the fact the identification relied upon is subsequently proven to be fake. Reliance will be presumed not reasonable if the identification does not contain all of the following: a photo likeness, birth date, expiration date and signature; or if it contains bumps, tears or other damage.
         (.2)   It shall not be a defense to a charge of unlawful sale to a person under eighteen (18) years of age that the purchaser reasonably appeared to be at least twenty-seven years of age.
      (d)   Warning Signs.
         (.1)   Every retail outlet that sells electronic smoking devices or unapproved nicotine delivery products shall post in a conspicuous place, clearly visible from any point of sale, a Warning Sign, as described below.
         (.2)   The Warning Sign shall state the following: "SALE OF ELECTRONIC SMOKING DEVICES AND UNAUTHORIZED NICOTINE DELIVERY PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. PHOTO I.D. WILL BE REQUIRED. THIS LAW WILL BE STRICTLY ENFORCED." Such sign shall be printed on a white card in red letters at least one-quarter inch in height, or in such other format as the Department of Licenses and Inspections shall allow by regulation. This warning may be combined with the warning required by subsection 9-622(1)(d), in a single statement.
   (3)   Out-of-Package Sales Prohibited. It shall be unlawful for any person, including any retail dealer, to sell or offer for sale any electronic smoking device or unapproved nicotine delivery product, other than in the package, box, carton or other container provided by the manufacturer, importer or packager which bears all applicable health warnings required by federal law.
   (4)   Self-Service Sales Prohibited.
      (a)   Any person, including any retail dealer, who sells any electronic smoking devices or unapproved nicotine delivery products, shall store or display such products in a locked case or in a storage case or display accessible only to the seller.
         (.1)   This subsection shall not apply to open or free standing counter-top displays, provided that the counter-top display is within three (3) feet of a staffed and operational check out register.
      (b)   No person selling electronic smoking devices or unapproved nicotine delivery products shall allow anyone other than the seller or the seller's agent to physically remove any such product or its package from its storage or display case.
   (5)   Specialty E-cigarette Establishment. Notwithstanding the foregoing, subsection (3) relating to out-of- package sales and subsection (4) relating to self-service sales shall not apply to any retail store known as a Specialty e-cigarette establishment.
   (6)   Enforcement and Penalties.
      (a)   Whenever any officer with authority to enforce ordinances, including for purposes of this Section any Department of Public Health or Department of Licenses and Inspections inspector, becomes aware of a violation of this Section, such officer shall hand or deliver to the violator a printed notice of violation. If the violator is a retail outlet, the officer shall hand or deliver the notice to the manager of the outlet or an on-site supervisor. Such notice shall bear the date, time and nature of the violation, when known; the identity and address of the violator; the amount to be remitted in response to the notice; and the penalty which can be imposed by the court for the violation; and shall be signed by the person issuing the notice and shall bear the badge number or other official identification number of the officer issuing the notice.
      (b)   Any person who receives a notice of violation may, within ten (10) days, pay two hundred fifty dollars ($250), admit the violation, and waive appearance before a Municipal Court Judge. The notice of violation shall contain an appropriate statement for signature by the violator for the purpose of admitting the violation and waiving a hearing, and shall be returned by the violator when the stipulated payment is remitted. Payment of the fine alone shall constitute admission of the violation, whether or not the violator signs the statement.
      (c)   If a person who receives a notice of violation fails to make the prescribed payment within ten (10) days of the issuance of the notice of violation, a code enforcement complaint shall be issued for such violation in such manner as provided by law.
      (d)   If the person named in a code enforcement complaint is found to have violated any provision of this Section or fails to appear on the date set for hearing, such person shall be subject to a maximum fine of two thousand dollars ($2,000) for each such violation, or such lesser fine (not less than three hundred dollars ($300)) as the court deems appropriate given the relative willfulness or repetitiveness of the violation, plus the imposition of court costs. Such a complaint may be issued irrespective of whether a notice of violation was previously issued for such violation.
      (e)   Upon a finding of a third violation of this Section committed at a single location or within a single business establishment, or of a combination of three or more violations of this Section or subsections 9-622(1) - (4), within a two-year period, the person shall also be subject, depending on the severity of the violations, to an order of the Department to either (A) cease the sale of electronic smoking devices, unapproved nicotine delivery products, and cigarettes; or (B) cease operations. Such order shall be for a period not less than forty-eight (48) hours and not to exceed one year, at the Department's discretion, based on the severity of the violations. For purposes of this subsection (e), multiple violations shall be considered to have occurred at a single location or within a single business establishment, even if ownership of the location or business has been transferred between the time of violations, unless the transfer was pursuant to an arm's length transaction for fair market value between two unrelated persons or unaffiliated companies.

 

Notes

959
   Added, Bill No. 140096 (approved April 9, 2014).
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