Bill 251097
Amending Chapter 9-4400 of The Philadelphia Code, entitled “Responsible Business Operations,” to add illegal sales of tobacco products to minors and unlicensed tobacco retailing as nuisance behaviors, and require completion of a Department-approved Tobacco Retailer Education and Compliance Training as a condition of lifting a Cease Operations Order, all under certain terms and conditions.
Introduced by
How members voted
Vote on Feb 19, 2026 · CITY COUNCIL
Aye (15)
Councilmember BrooksCouncilmember DriscollCouncilmember GauthierCouncilmember Gilmore RichardsonCouncilmember HarrityCouncilmember JonesCouncilmember LozadaCouncilmember PhillipsCouncilmember SquillaCouncilmember ThomasCouncilmember AhmadCouncilmember LandauCouncilmember O'RourkeCouncilmember YoungCouncil President Johnson
From the floor
Passages in the official transcripts that cite this file number. Every quote links to its exact place in the record.
“To the president and members of the council of the city of Philadelphia, I'm submitting herewith for the consideration of your honorable body the following proposed ordinance: An ordinance amending Title of the Philadelphia Code 8 entitled Zoning and Planning by 9 amending certain provisions of the 10 CMX-1 Commercial Mixed Use, zoning 11 district regarding uses, 12 dimensional requirements and 13 parking, all under…”
Chief Clerk · Stated Meeting, March 5, 2026 · Mar 5, 2026 · official transcript, this passage
“Good afternoon, Council President, members of Council. My name is Ashley Miskovich. I'm here on behalf of the Greater Philadelphia Chamber of Commerce today in support of Bill Number 251097. I first want to thank Councilmember Phillips for his thoughtful and measured approach. This legislation does not broadly penalize responsible retailers, nor does it layer unnecessary penalties or requirements for businesses that…”
Ms. Miskovich · Stated Meeting, February 19, 2026 · Feb 19, 2026 · official transcript, this passage
“Thank you, Council. I appreciate your time. My name is Robert Rudnitsky, and I am here today to discuss the tobacco shop regulation bill: Bill Number 251097. Again, for more than a decade, I have served as a civic association president and zoning chair for our organization, Take Back Your Neighborhood. During that time, if any change in store use, whether a check cashing facility, or a small establishment, the -- the…”
Mr. Rudnitsky · Stated Meeting, February 19, 2026 · Feb 19, 2026 · official transcript, this passage
“My name is Kate Allen, and I'm the president of the Queen Village Neighbors Association. President Johnson, Councilmember Phillips, members of Council, thank you for me -- allowing me to testify once again On behalf of my community and children across the city. I'm here today to support Bill Number 251097 that will designate illegal sales of tobacco products to minors and unlicensed tobacco retailing as nuisance beha…”
Ms. Allen · Stated Meeting, February 19, 2026 · Feb 19, 2026 · official transcript, this passage
“Aye. The ayes are and nays are 15 zero. The majority of all members having voted in the affirmative, the bill passes. Will the clerk please read the title of Bill Number 251097? Congratulations Team Bass. If you're watching, Councilwoman, and I'm sure you are. Get well soon, and congratulations. Clerk, please read the title of Bill Number 251097.”
Council President Johnson · Stated Meeting, February 19, 2026 · Feb 19, 2026 · official transcript, this passage
“The Committee on Licenses and Inspections to which were referred the following bills: Bill No. 250980, an ordinance amending Chapter 9-3900 of The Philadelphia Code, entitled "Property Licenses and Owner Accountability," by requiring non-resident landlords to provide verifiable contact information and a designated local contact and establishing penalties for non-compliance, all under certain terms and conditions. And…”
Chief Clerk · Stated Meeting, February 5, 2026 · Feb 5, 2026 · official transcript, this passage
Status timeline
- Dec 11, 2025Introduced and Referred · CITY COUNCIL
- Feb 4, 2026HEARING NOTICES SENT · Committee on Licenses and Inspections
- Feb 4, 2026HEARING HELD · Committee on Licenses and Inspections
- Feb 4, 2026AMENDED · Committee on Licenses and Inspections
- Feb 4, 2026REPORTED FAVORABLY, RULE SUSPENSION REQUESTED · Committee on Licenses and Inspections
- Feb 5, 2026SUSPEND THE RULES OF THE COUNCIL · CITY COUNCIL
- Feb 5, 2026ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR · CITY COUNCIL
- Feb 5, 2026READ AND ORDERED PLACED ON NEXT WEEK'S SECOND READING CALENDAR · CITY COUNCIL
- Feb 19, 2026READ AND PASSED · CITY COUNCIL
- Mar 5, 2026NO ACTION TAKEN · MAYOR
Official documents
- Bill No. 25109700
- Proposed Amendment to Bill No. 251097
- Bill No. 251097, As Amended in Committee 2-4-26
- CertifiedCopy25109701
Documents open on the City of Philadelphia’s legislative site.
Full text
Read the full text as published
..Title Amending Chapter 9-4400 of The Philadelphia Code, entitled "Responsible Business Operations," to add illegal sales of tobacco products to minors and unlicensed tobacco retailing as nuisance behaviors, and require completion of a Department-approved Tobacco Retailer Education and Compliance Training as a condition of lifting a Cease Operations Order, all under certain terms and conditions. ..Body WHEREAS, The City of Philadelphia has experienced a significant increase in the number of unlicensed or improperly licensed "smoke shops," convenience retailers, and other establishments selling tobacco and nicotine products, many of which have opened without proper zoning approval, business licensing, or compliance oversight; and WHEREAS, The Philadelphia Department of Public Health and community stakeholders have documented a rapid rise in illegal tobacco sales to individuals under twenty-one (21) years of age, including flavored nicotine products and other youth-targeted items, contributing to addiction, chronic absenteeism, and school-based safety concerns; and WHEREAS, Illegally operating tobacco retailers frequently generate additional nuisance conditions-including loitering, public disorder, drug activity, and inadequate visibility into storefronts-that undermine neighborhood quality-of-life and disproportionately impact commercial corridors in communities of color and lower-income neighborhoods; and WHEREAS, The City has a compelling public health and public safety interest in curbing illegal tobacco activity, ensuring that retailers comply with State and local law, and preventing youth access to tobacco products; and WHEREAS, Requiring tobacco retailers who violate the law to complete a standardized education and compliance training will promote lawful operations, reduce repeated violations, and ensure that businesses understand their obligations under City, State, and Federal regulations; now, therefore, THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. Title 9 of The Philadelphia Code is hereby amended to read as follows: TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS * * * CHAPTER 9-4400. RESPONSIBLE BUSINESS OPERATIONS * * * � 9-4401. Definitions. * * * (3) Nuisance Behavior. Behavior that interferes with the health, safety, or welfare of the community, including, but not limited to, the following: (b) Illegal sale of tobacco products in violation of state or federal law, including, but not limited to, the sale or distribution of tobacco products to individuals under twenty-one (21) years of age, or operation of a tobacco retail establishment without a valid permit as required by Chapter 9-631 of this Code; * * * � 9-4403. Enforcement. (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 in 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. Any Notice of Intent to Cease Operations issued to a nuisance business based in whole or in part on such business's unlawful sales of tobacco products shall include the remedial measure of training set forth in subsection 9-4404(r), as appropriate. * * * (4) The Department shall lift a Cease Operations Order upon execution by the business owner of a nuisance abatement plan. A Cease Operations Order 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. A Cease Operations Order issued to a nuisance business based in whole or in part on such business's illegal sales of tobacco products may not be lifted unless the nuisance abatement plan includes the remedial measure of training set forth in subsection 9-4404(r). * * * � 9-4404. Nuisance Abatement Plans. * * * (r) Tobacco Retailer Education and Compliance Training. If a business is determined to be a nuisance business under this Chapter as a result of violations described in � 9-4401(3)(b), the business owner shall ensure that the owner and/or person in charge complete a Department-approved Tobacco Retailer Education and Compliance Training within sixty (60) days of executing a nuisance abatement plan. (.1) Training Administration. The Department of Public Health shall establish the standards, content, and format of the required training and may authorize qualified third-party providers to deliver such training. (.2) Proof of Completion. Businesses shall provide proof of compliance with the training requirement in a form and manner determined by the Department of Public Health prior to the lifting of any Cease-Operations Order or the renewal of any Tobacco Retailer Permit. (.3) Non-Compliance. Failure to complete the required training within the prescribed period shall constitute non-compliance with the nuisance abatement plan. (.4) Savings Clause. Nothing in this subsection shall be construed to regulate or restrict the sale, marketing, or distribution of tobacco products, nor to supersede any licensing or enforcement authority of the Commonwealth of Pennsylvania. This subsection applies solely to the administration and conditions of the City of Philadelphia's Tobacco Retailer Permit and constitutes a valid exercise of the City's authority to promote public health, education, and compliance. * * * SECTION 2. This Ordinance shall become effective ninety (90) days after enactment. ___________________________________ Explanation: Italics indicate new matter added. ..End