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BillLAPSED

Bill 160720

Amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," to add a new chapter limiting the use of a restrictive covenant or usage restriction that prohibits a purchaser of property from using the property as a grocery store, all under certain terms and conditions.

Introduced Sep 8, 2016Committee on RulesOfficial record: City of Philadelphia via Legistar

Introduced by

Councilmember BassCouncilmember Bass

From the floor

Passages in the official transcripts that cite this file number. Every quote links to its exact place in the record.

  1. “Thank you. Good Stated Meeting October 17, 2019 afternoon. 180729, yes, we should discourage littering, but where are the resources? Are we making it easier for everyday people and workers? Currently we are piloting a street cleaning program which creates more pollution. It's a problem that I will bike miles as a bike messenger and a commuter and see a handful of "no litter" signs, but no trash cans or recycling bins…”

    Mr. Cox · Stated Meeting, October 17, 2019 · Oct 17, 2019 · official transcript, this passage

  2. “Thank you. Good afternoon. I am worried about the impact Bill 160720 will have on the most vulnerable citizens and the working class. With so many food deserts, the highest population of disabled citizens, and being the poorest big city, I am confused as to why we would make a bill to get rid of grocery stores. For many city residents, the corner store is their source of food and other essentials. What this bill seem…”

    Mr. Cox · Stated Meeting, October 3, 2019 · Oct 3, 2019 · official transcript, this passage

  3. “Good morning. Thank you. If I may, I'd like to express my appreciation to Councilman Curtis Jones for Bill 180031 and joining him in calling on the Pennsylvania State Legislature to pass a bill that requires convicted domestic violence abusers to relinquish their firearms, and I support this as a domestic violence survivor. I also would like to speak to Bill 160720 sponsored by Councilwoman Bass and express my apprec…”

    Ms. Birchett · Stated Meeting, February 1, 2018 · Feb 1, 2018 · official transcript, this passage

  4. “Bill No. 160720, entitled "An ordinance amending Title 9 of The Philadelphia Code, entitled 'Regulation of Businesses, Trades and Professions,' to add a new chapter limiting the use of a restrictive covenant or usage restriction that Stated Meeting December 8, 2016 purchaser of property from using the property as a grocery store."”

    Chief Clerk · Stated Meeting, December 8, 2016 · Dec 8, 2016 · official transcript, this passage

  5. “To the President and Members of the Council of the City of Philadelphia, the Committee on Rules which is referring to Bill No. 160720, An Stated Meeting December 1, 2016 ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions" to add a new chapter limiting the use of a restrictive covenant or usage restriction that prohibits a purchaser of property from using th…”

    Chief Clerk · Stated Meeting, December 1, 2016 · Dec 1, 2016 · official transcript, this passage

  6. “Those opposed? Stated Meeting December 1, 2016 (No response.) Ayes have it. These bills will be placed on our First Reading Calendar for today: Bill No. 160720 will be placed on our First Reading Calendar at the next session of Council. Chair now recognizes Councilwoman Blackwell for report from the Committee on Finance.”

    Council President Clarke · Stated Meeting, December 1, 2016 · Dec 1, 2016 · official transcript, this passage

Status timeline

  1. Sep 8, 2016Introduced and Referred · CITY COUNCIL
  2. Nov 30, 2016HEARING NOTICES SENT · Committee on Rules
  3. Nov 30, 2016HEARING HELD · Committee on Rules
  4. Nov 30, 2016AMENDED · Committee on Rules
  5. Nov 30, 2016REPORTED FAVORABLY · Committee on Rules
  6. Dec 1, 2016ORDERED PRINTED AND PLACED ON NEXT FIRST READING CALENDAR · CITY COUNCIL
  7. Dec 8, 2016READ AND ORDERED PLACED ON NEXT WEEK'S SECOND READING CALENDAR · CITY COUNCIL

Official documents

Documents open on the City of Philadelphia’s legislative site.

Full text

Read the full text as published

..Title Amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," to add a new chapter limiting the use of a restrictive covenant or usage restriction that prohibits a purchaser of property from using the property as a grocery store, all under certain terms and conditions. ..Body WHEREAS, This Council in 2002 and 2004 adopted Resolutions 020133 and 040168 which recognized that certain neighborhoods in the City suffered from a shortage of supermarkets; and WHEREAS, This Council further found that "communities with the least access to affordable health foods also suffer the highest rates of death related to poor nutrition;" and WHEREAS, Philadelphia has the highest poverty rate of any of the country's big cities, with the rate hovering around 26% of the population and the deep poverty rate at 12.2%, which is almost double the national average; and WHEREAS, Supermarkets are a significant boost to a neighborhood's economy and may employ between 50 to 100 full-time employees and more than 100 part-time employees, the majority of whom are community residents; and WHEREAS, Negative use and deed restrictions which prevent the development of certain properties as large grocery stores or supermarkets jeopardize the public health, safety and general welfare of the residents of the City who need convenient access to affordable and healthy food; and WHEREAS, The Philadelphia Food Marketing Task Force set up pursuant to City Council hearings recommended, among other things, that the City should reduce regulatory barriers to supermarket investment; now therefore, THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. Title 9 of The Philadelphia Code is amended to read as follows: TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS. * * * CHAPTER 9-4500. RESTRICTIVE COVENANT REGARDING USE FOR RETAIL FOOD SALE. §9-4501. Definitions. (1) Food desert. A low-income census tract where a substantial number of residents have limited or no access to a supermarket, characterized by at least 500 people or 33% of the census tract's population residing more than one mile from a supermarket or large grocery store. (2) Large grocery store or supermarket. A retail establishment with a primary business of selling grocery products which has at least 15,000 square feet of selling area that is used for a general line of food and nonfood grocery products. (3) Large grocery restrictive covenant. A restrictive covenant or usage restriction applicable to the sale or other transfer of a property located in a food desert that prohibits a purchaser or lessee from using said property for a large grocery store or supermarket. §9-4502. Prohibition. (1) No large grocery restrictive covenant shall be valid or enforceable. §9-4503. Licensing With Respect to a Restricted Property. (1) A Commercial Activity License shall not be effective to authorize any business activity at a property with respect to which a large grocery restrictive covenant is in place. SECTION 2. This ordinance shall apply to restrictive covenants and usage restrictions entered into after the effective date of this bill. ___________________________________ Explanation: Italics indicate new matter added. ..End