COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON LICENSE AND INSPECTIONS City Hall, Room 400 Philadelphia, Pennsylvania Monday, April 28, 2025 10:00 a.m. PRESENT: CHAIR MICHAEL DRISCOLL COUNCILWOMAN CINDY BASS COUNCILWOMAN RUE LANDUE COUNCILMAN NICOLAS O'ROURKE COUNCILMAN MARK SQUILLA COUNCILMAN ANTHONY PHILLIPS MAURA MCDONALD, CLERK P R O C E E D I N G S CHAIR DRISCOLL: I now note that the hour has come. Ms. McDonald, will you please call the roll to take attendance? Members that are in attendance, will you please indicate that you are present when your name is called.
Councilmember Gilmore Richardson. Councilmember Jones. Councilmember Gauthier. Councilmember Rue Landau.
Chair Driscoll. CHAIR DRISCOLL: Present. Thank you. A quorum of the committee is present, and this hearing is now called to order. This is the public hearing of the Committee on Licenses and Inspections regarding Bill No. 10 250123, Bill No. 250150, and Bill 11 No. 250151. At this time, I will note that Bill No. 250150 -- that is 250150 is being held at request of the sponsor and will not be heard today. Ms. McDonald, will you please read the titles of the bills?
Bill No. 19 250123, an ordinance amending Section 6-503 of the Philadelphia Code, entitled Licenses and Permits to provide for the suspension of licenses for businesses not in compliance with applicable State regulations and/or whose physical layout significantly differs from the originally approved floor plans, all under certain terms and conditions. Bill No. 250151, an ordinance amending Title of the 9 Philadelphia Code, entitled Regulation of Businesses, Trades, and Professions by revising Chapter 12 9-4400, entitled Responsible Business Operations to add the sale of tobacco in violation of 18 Pa.C.S. Section 6305 to the list of nuisance behaviors, under certain terms and conditions. CHAIR DRISCOLL: Ms. McDonald, will you please call the first panel we have to testify this morning on Bills No. 22 250123 and 250151?
Dawn Kiesewetter, the Director of Environmental Health Services for the Philadelphia Department of Public Health. CHAIR DRISCOLL: Good morning.
Good morning. Good morning, Councilmembers. CHAIR DRISCOLL: Please state your name and begin your testimony.
My name is -- sorry. My name is Dawn Kiesewetter. I'm Director of Environmental Health Services.
Good Morning. Ben Hartung, Public Policy Advisor for the Department of Public Health.
Okay. Good morning, Chair Driscoll, Vice Chair Squilla, and members of the Committee on Licenses and Inspections. My name is Dawn Kiesewetter, I am the Director of Environmental Health Services for the Philadelphia Department of Public Health. Joining me today is Ben Hartung, Public Policy Advisor for the Division of Chronic Disease and Injury Prevention. On behalf of Commissioner Raval-Nelson and the Health Department, thank you for the opportunity to testify regarding Bill No. 250123, introduced by Councilmember Bass. This bill amends the administrative provisions of the Health Code related to the processes for suspension of a license or permit issued by the Health Department. It adds two subsections that allow the Health Department to take enforcement actions against licensed or permitted businesses. The Health Department looks forward to working with our partner agencies to determine process steps to administer this legislation. Thank you for the opportunity to testify today. I'd be happy to answer any of your questions.
Good morning, Director, let me just get this right, Kiesewetter.
Good morning to you and good morning to you as well, my friend.
Thank you for being with us. We are talking about 250123. Am I correct?
It focuses -- it focuses significantly on changed physical layouts in businesses. In the department's experience, what issues -- what types of issues arise in businesses that have significantly altered their layout?
So from a Health Department perspective, if you have changed your plan, we would conduct an inspection. You would submit an application, and we would make sure that it would comply with our food safety standards. We are worried about any changes that would significantly affect the public health or if, for example, you had, like a menu change, like you were suddenly preparing sushi, that would be an issue for us because we would want you to do it safely to prevent food borne illness.
And then what criteria will be used then to determine a significant departure from the approved floor plan?
Right now, the criteria is any significant changes to something that would affect -- for the Health Department, something that would affect the preparation of food. So we concentrate on food preparation areas.
And I can provide more detail if you want. There's a lot more details. It really depends on the establishment and what the existing processes are.
I guess I'm only curious about how you define significant.
Okay. For example, if you never fried food before, okay, and you were to all of a sudden put in a fryer in your establishment, that would be a significant change. You would need to have an exhaust hood.
You would need to have all of the equipment, right, to be safe. If you went from let's say serving pre-packaged food, okay, and then all of a sudden you are preparing sushi.
That's -- you know, those are the types of operations and processes that we look at.
Thank you for the example and explanation. That was very interesting. I appreciate you. Thank you very much.
No 19 problem. CHAIR DRISCOLL: Thank you, Member O'Rourke. Hearing no further questions from members of this panel -- I'm sorry. If there's no other questions for this panel, then Ms. McDonald, will you please call the second panel we have to testify this morning on Bills No. 250123 and 250151?
I'm here. I never left. Okay. Sorry for the pleasantries again. Good morning, Chair Driscoll, Vice Chair Squilla, and members of the Committee on Licenses and Inspection. Again, I'm Dawn Kiesewetter, Director of Environmental Health Services for the Health Department. And joining me today is Ben Hartung, Public Policy Advisor. On behalf of Commissioner Raval-Nelson and the Health Department -- oh, I'm sorry, I'm reading the wrong testimony. I apologize. Okay. Same thing. On behalf of Commissioner Raval-Nelson and the Health Department, thank you for the opportunity to testify regarding Bill No. 250123.
I was right. Okay. Sorry. I apologize. 251 -- or 151, introduced by Councilmember Bass. The bill amends the definition of nuisance behavior in Section 9-4401 of the Philadelphia Code to explicitly include the illegal sale of tobacco products as a behavior that interferes with the health, safety, or welfare of the community. The Health Department agrees that the sale of tobacco products to minors and the sale of individual loose cigarettes or other tobacco products out of a pack is a nuisance behavior. Both activities are illegal under Philadelphia law, pursuant to Philadelphia Code 9-622 and Philadelphia Code 9-633. Both activities negatively impact public health by causing children to become addicted to tobacco products and making it harder for people to quit smoking. The Health Department currently issues Philadelphia Code Violation Notices to retailers who sell tobacco products to minors and for the sale of loose tobacco products. Retailers with a Philadelphia Tobacco Retailer Permit that receive three or more CVNs for tobacco sales to a minor are not eligible to renew their permit. The Health Department also issues cease operation orders for repeated tobacco sales violations as permitted by the Philadelphia Code. The Health Department has been working with the Law Department and the Department of Licenses and Inspections on a process to revoke licenses for repeat offenders through a notice of violation process. The proposed bill would allow the Health Department to declare a business that violates tobacco sales laws three times within a 12-month period a chronic nuisance. It would give the Health Department a tool for more stringent enforcement against nuisance retailers. Thank you for the opportunity to testify today, and I would be happy to answer any questions. CHAIR DRISCOLL: Do we have any questions from the Members? Okay. So seeing no questions, I think -- are you testifying again?
Just two times. CHAIR DRISCOLL: Ms. McDonald, will you please call the second panel we have today to testify this morning on Bill No. 12 250123 and 250151?
Thera Martin. CHAIR DRISCOLL: Good morning. Please state your name for the record and proceed with your testimony.
Good morning. My name is Thera Martin, and I'm here representing the Allegheny West Foundation and the North 22nd Street Business Corridor. And thank you all for allowing me to be here today and good day to all of you. Allegheny West Foundation has a contract to do business management and corridor cleaning along the North 22nd Street Business Corridor and in that immediate area of the city. And we do thank you for this opportunity to testify today. Our official business corridor runs from 22nd and West Lehigh Avenue down to 22nd and West Allegheny Avenue. We have 110 storefronts that are open and operating six and seven days a week. We also look out for other small businesses in our immediate service area, 19132 and 19140. Although our city is very diverse, when it comes to concerns along business corridors, what we find is that many of us have similar issues we are trying to address, namely, nuisance businesses. For the sake of being specific, let me talk about the eight nuisance businesses that we have along our official business corridor. We've got three stop-and- go businesses along our corridor, and in all three cases, the owners allow patrons to pack into their establishments like sardines. There's very little seating. There's also next to no real food being sold at these locations. It's all about the beer, the alcohol, and, yeah, some chips. Patrons go outside in front of these stop-and-goes, and they relieve themselves when they have to go to the bathroom. Number one or number two, they don't care, they do it right on the sidewalk. Some of these people eat half a platter of food that they purchased from one of our businesses down the street, and they just dump it on the sidewalk when they have finished eating the portion that they want. Some of the people who hang out in these stop-and-go's, when they come out of the stores, they linger out in front and they loiter, cussing, smoking pot and cigarettes, drinking, and making lewd remarks to women as they walk by, and all around causing havoc for our community. Then there's the smoke shops. Oh boy. Everyone in the know understands that these smoke shops are not just selling cigarettes and cigars, we allege. We allege that they're selling illegal products as well. They seem to be allowed to stay open hours a day, seven days a week. 21 And that in and of itself is a 22 nuisance. We often witness youth 23 under the age of 18 coming in and 24 out of these smoke shops. Now, why do we know that? Because right across the street from one of the smoke shops, there's a business owner who coaches young people after school, and he says it has broken his heart to see some of his players who've called him and said, Oh, coach, I'm sick. I can't come today. And then he sees them going across the street to the smoke shop and doing business inside there. We see license tags from Michigan, from Ohio, from New Jersey, and New York out in front of all three of the smoke shops that we are referring to right now. Now, how do I know that these smoke shops are open like 20 hours a day? m. m. 24 to go to work. I would see with my own eyes five days a week as I was going to the radio station because I don't get on the highway. I drive through the city, and I see all the action, and I saw too much negative action out in front of these smoke shops on North 22nd Street. The other issue is that we never know when there's going to be a gun battle from the people who are doing business in these smoke shops. I myself have witnessed a gun battle. It was in 2018, but it was like yesterday for me, walking down North 22nd Street, February 28th, the last day of Black History Month. A beautiful day -- a weird day when the temperature was over 60-some degrees in February. So people were out, the sidewalks were packed, mothers with their babies, all that. All of a sudden, we heard pop, pop, pop.
Because we are from the hood, we know the difference between a car backfiring, having some other kind of device going off or hearing guns being shot. We knew it was guns, and people started scattering immediately. We were all running for our lives that day. A person did get killed that day right out on North 22nd Street, one of the warring drug dealers by one of his enemies. And so all of that activity we feel is drawn because of the nuisance businesses that are on North 22nd Street. Now, on top of all of that, we've got a gaming hall that is open along our business corridor. Our community already has enough addiction issues to grapple with. Lord knows we do not need to add gambling addictions to the list. Neighbors, area residents, and business owners alike, they're all coming to me asking me, how do we get rid of this spot? How did it open in the first place, Thera? How soon can we get rid of it? And so the community and the business owners are saying, we don't want that gaming hall in our community. Now, in the 8th Council District, we have Councilwoman Cindy Bass, and she is, we believe, as proactive as she can be in addressing nuisance businesses. However, once they move into our community, what we are finding is that it is hard as all get out to get them out. Now, Cindy Bass, I want to say it was about two years ago, maybe it was three years ago now, that she did have success with one of those nuisance businesses that was a major problem right at the corner of 22nd & Cambria Street called Polar Deli. And it's just a half a block away from the beautiful Pierce Elementary School, a brand-new building that's just been put up. But for years, our children, elementary school kids, had to walk past the Polar Deli, men, again, urinating on the sidewalk, making lewd remarks to women as they're walking by, drinking, they're gambling out there, just a problem. Well, one day, Councilwoman Cindy Bass went in there by surprise. They didn't know she was coming. And it was shortly thereafter, in a matter of days, that spot was closed down at 22nd and Cambria, and it has not reopened. In it's place, there is a supermarket -- a grocery store -- a corner grocery store, and we welcome them. They're a much better business neighbor in our community. And we thank Councilwoman Bass for getting the Polar Deli closed at 22nd and Cambria. We need more action like that, and we as a business corridor, have to find ways to be more proactive in vetting some of these potential new businesses. So we're not expecting council to do it all by yourselves. We know that as a business association, we got to do our part too. We want to get a model more like what we see in Chestnut Hill, where they don't let just any old business slide in and open up. We've got to be more like Chestnut Hill. In closing, I would add that on North 22nd Street and along our business corridor, we do work hand in hand with the 39th Police District and with other community organizations. I am on the 39th Police District Advisory Council, as is our business association President, Mr. Ken Curry. We understand that community partnerships are critical, and we must work together. Whatever you can do as a Philadelphia City Council, please help us rid the city of Philadelphia nuisance businesses. I thank you for this opportunity to speak today about our concerns with nuisance businesses along the North 22nd Street Business Corridor on behalf of the North 22nd Street Business Association and on behalf of the Allegheny West Foundation. And if you have any questions that you think I might be able to answer, I'm happy to do so at this time. CHAIR DRISCOLL: Well, thank you. Thank you for your testimony, Thera. That's certainly highlighting some problem areas. And I don't think it's just the 8th Councilmanic District. I know that we have commercial corridors across the city that are facing similar issues as you referenced. The young folks that are going to the smoke shops.
The reason I didn't smoke when I was a young folk myself was we had a coach that said, We catch you once smoking, you're off the team. And I loved playing basketball, and I was not going to jeopardize playing what I love, that sport I love to smoke. But it sounds like some of these kids are really gambling with their future, and it's sad to hear. So we do need to do our part. I just -- the one question I have for you, you referenced either said gaming or gambling hall?
Gambling. It's gambling. CHAIR DRISCOLL: So what -- I don't know what that is. What is a gambling hall?
Well, they've got these machines in there where you -- CHAIR DRISCOLL: Is it the skill games?
Uh-huh. CHAIR DRISCOLL: Okay. All right. So, I think we won our court battle on that, but maybe we're waiting on some State legislation. So we'll take a deeper dive into that. Because we did pass some legislation to only allow those skill games to be in establishments that have an R license. So that if they have a restaurant license, every year you have to renew that. And if there is some bad behavior, we can then petition the State not to renew the license. But we'll take a look at that as it pertains to that particular gambling hall that you're referencing.
Yeah. So the gaming hall -- it says gaming hall in your testimony, is it in the actual shops or is there an actual set-aside room 18 or hall that it's just got skill games.
It's a set-aside hall. The only thing they have in there are the gambling machines. It's a dark little hole, but it's in the 2900 block of North 22nd Street, yes.
Fascinating. Thank you. CHAIR DRISCOLL: Okay. Well, thank you for your testimony.
And we thank you again for the opportunity. CHAIR DRISCOLL: Yes. Ms. McDonald, will you please call the third panel we have to testify this morning on Bills No. 250123 and 250151?
Jamal Holmes, Whitney Blunden, Elliot Booker, Yolanda Henderson. CHAIR DRISCOLL: Well, good morning. Please state your name for the record and proceed with your testimony.
To be honest, I didn't really know the format. A lot of the concerns that Ms. Martin expressed is my concerns. I'm quite sure it's Mr. Blunden's concerns. I'm a business owner in the 5900 block of Ogontz Avenue. Been there for 28 years, and I see these stores opening up in the community. When I first bought my business, there were several Black- owned businesses in that particular block. They've disappeared over the years, and other businesses have come into the community and opened up with no zoning notice, no 18 neighborhood. The neighborhood doesn't know what's going on until these businesses pop up and go into business. In my block, several businesses have opened up that's not Black-owned, that's either Latino or Asian, controlling the economy of Black communities. That's not allowed in other communities in the city. I see it, been here all my life. In my particular block, it's two churches. The gentleman here is a member of one of them. A business opened up right next door to him selling all kinds of drug paraphernalia, drugs, and everything else. We called a community meeting about two months ago. And at that community meeting, L&I was represented, the Police Department was represented, Councilwoman Bass was there, and somebody from the District Attorney's office. As the meeting was in progress, the stores in question was invited to the meetings, none of them came. But one of the people that was at the meeting went to the store on the corner and bought loose cigarettes and a pack of cigarettes and brought them down to the meeting, showed the cigarettes to the Police Department that was represented, loose cigarettes, and the pack of cigarettes had a Virginia seal on it. They expressed then to the community that you're not allowed to sell out-of-state cigarettes in the city. So the community was upset. They said, let's go up here. So everybody went. The community, Representative Bass, the Police Department representative, the L&I representative, also the District Attorney representative. They went in there, and they saw the hookah pipes, the drug paraphernalia, all the -- the store was unlicensed, opened up without a license. I mean, it's hard to fathom how this is possible. I would not be able to do that in Chestnut Hill, in Center City, in South Philly where I grew up and was raised. Those things would not be allowed. So I just echo the sentiments of Ms. Martin that these -- I don't understand how this process happens. The majority of Black-owned businesses around this country is like -- 95 percent of the Black-owned businesses are sole proprietorships. Philadelphia is no 15 exception. I think there is like 96 percent of the businesses here that's Black-owned is sole proprietor. These businesses have opened up in our communities, they're not sole proprietor. They employ five, six people that look just like them. There's nothing wrong with that. But where's the fairness? This city is still 43 percent Black. And some stats say that we own three percent of the businesses, some up to five and six percent. It's still very low, atrociously low. I don't understand it. These places don't seem to have a problem opening up fully functioning, well-stocked businesses with many employees. I've been -- just like I said, and I'm winding up my testimony so I can pass to my colleague. I've been in my block 28 years. It's one business, Black- owned, that opened up across the street from me. It's a restaurant. He came in -- this was about five years ago when he opened up. He came in and expressed that he would like me to come to the church because they were having a zoning meeting in reference to him opening. So I gave him my support. I went up there, supported him because there's not that many Black-owned businesses in the area. But other than that -- other than him, all these other businesses opened up with no zoning meetings, no notice, no nothing. So that's my concern. I just echo the sentiments of the prior speaker, Ms.
Martin, that the community needs some type of explanation. Now, one other thing. When we had that meeting, I think it was February. And so it wasn't like the community reported this, officials was there. They seen the stuff being sold, the unlicensed business going on in that particular establishment. And they were open hours. 23 So the next day they were 24 closed, which was a -- the meeting was on a Wednesday, the Thursday they were closed. Friday they opened back up and been open ever since. Several neighbors have come to my establishment and told me that children have been up there, young people, and they're letting them know we sell weed here, spread it around the community. So it's nothing that's changed. Evidently, they're not afraid to do this. The police was there, they know what's going on. They seen the paraphernalia. These businesses are not afraid to do this type of business in Black communities. So that's all I have to say.
Good morning. My name is Jamal Holmes. I'm a member of A Place Called Restoration Ministries, as well as the CFO for Restoration Expansion Project, which is a CDC in the West Oak Lane, operating under the umbrella of APCRM. My first testimony would be the written words of the overseer and founder of APCRM, who has been there. We just celebrated our 13th- year anniversary, so we have been on that block years. 10 So per overseer says, I am 11 Overseer Whitney Blunden, pastor- 12 founder of a place called 13 Restoration Ministries, 5946 Ogontz Avenue in the East Oak Lane section. This is a reference to the 5950 new variety store that has opened on the same of the street -- same corner of the side of the street of my church. I am grateful to the efforts of Councilwoman Cindy Bass, her constituents, 35th Precinct, and the concerned neighbors who came out and marched to voice concerns and propose a plan to necessarily shut down the store, but definitely suspicious activity that can bring much harm and danger to the area. There were many zoning construction mission permits, just to name a few reasons, why this store's opening should be delayed, if not completely shut down. And no 11 one of the community was notified of this new store until we all saw the grand opening sign. Since that meeting some of the younger members of my church made myself and my wife aware that we were accosted regarding purchasing marijuana from this store. We also addressed the concern with the new store owner of having an afterhours store which the community unanimously requested that the store be closed at 9:00 p.m., as all the other variety stores have consented to do the same. Since that time the store sets its own hours that can range from 9:30 to as late as 11:00 p.m. This is a great concern because less than a block a sway a drug rehab facility with access to these vices. It will ensure personal failure for those trying to move passed their weakness. We have also seen open drug transactions with new faces of those who look like they want to operate this corner on a more permanent basis. The other day I was able to talk off the ledge one of the youth who felt so disrespected by an exchange that happened at that store. He was going home to take matters in his own hands. Thank God I was able to get him to change his mind. I have mothers with children, senior citizens who come for worship, which add a concern of fear being a neighborhood violent exchange. Nor am I interested in our corner poles turning into memorials because of something unnecessary happening as a result of lack of accountability or hoping this will just go away. As citizens we have the right to the pursuit of tranquility, promoting our general welfare for ourselves and our prosperity. I stand my our members and rebuilding vision of the CDC Restoration Project and the community at large. East Oak Lane needs a win. Thank you. Words of Whitney L. Blunden, pastor and overseer. CHAIR DRISCOLL: Thank you. Before I get to the questions, I just want to note the presence of Councilmember Cindy Bass. She, as you know, is the author of the bills and amendments. Councilwoman, would you like to make some comments?
Yes, I would like to thank you everyone for being here today and this is an important issue. And it's an unfortunate issue because we've been talking about this for such a long time. Nuisance businesses hurt our neighborhoods. And I know that my colleagues get it. We just need more assistance, we need more help, we need more enforcement. I'm glad to see in the testimony that te Department of License and Inspection and the Health Department are willing to work with us on this legislation. But we're not going to stop. We're going to keep going until we get the legislation we need to have in place to not put people out of business, but make them responsible business owners. And if you refuse to be a responsible business owner, then you should be put out of business. So these are the kind of things that we've working on and going to continue to work on. I just want to make mention of some of the things that were suggested or eluded to in the gentleman's comments about the business, which is 5950 Ogontz Avenue. When we visited on that evening, there was no license operate which is required, there was no certificate of occupancy which is required, they had done construction without permits which were required, they had illegal signage posted, there was a sale of loose tobacco, which is prohibited and illegal, sale of tobacco without licenses which is required. There was lack of heat and air circulation, which is required. There were exposed radiator pipes, a plumbing code violation, loose and exposed wires, which is an electrical code violation and drug paraphernalia which is illegal. Now, for life of me, I can't understand why it is that this business is still open. This is incredibly frustrating that they are still open until this moment. They came in wrong, the city hasn't given a slap on the wrist. It's more like a, you know, be nice now. This is not what we need in terms of enforcement. We need helped. Our neighborhoods need help, our communities need help. And I think it says something that these businesses only exist in neighborhoods where people are already vulnerable. People are self-medicating and these businesses are preying on that. That's what they do. They come in and they prey on a population that they know is self-medicating, that I know is having a hard time making it from day to day and take advantage of that situation. They don't care that they are down the street or next door to a drug rehab. They don't care there are young children nearby who might want to wonder in an purchase snacks and say what's that? I might want to try that as well. They just don't care about how they operate. So I think we need to have a much stronger fist, a much stronger approach when it comes to dealing with these type of businesses. And I would ask the committee for the support of this legislation today. And we look forward to working with Health and L&I to strengthen the legislation and work on any legal and technical issue. Because we don't want a bill 12 that comes out of committee that we have some legal issues with when it comes to final passage. We want to make sure this passes and we want to make sure it's enforceable. We look forward to having your support and I'll be happy to answer any questions the committee may have. CHAIR DRISCOLL: Member Bass, we hear you loud and clear and applaud your efforts in addressing the situation as our panelist have highlight this morning. Members, any questions for Councilmember Bass? I know Member Phillips has for the panel, but any for Member Bass. Okay. Member Phillips.
I have a quick comment. It was something I noted, it's 5946 Ogontz Avenue, that's in the Ogontz area.
I just wanted to be sure for the record. No problem. Thank you.
Yes, I wanted to speak mine. That was overseers words. I wanted to give my testimony as a patron, a citizen, an individual who has always grown up in a Black community, although I've traveled many places and been many places. And one of the commonalities that seem to be a residual affect of overlooked -- I'll be nice and say overlooked. As a community we always got to respond to what happens to us. We always left to respond what happens to us. And when we respond in way that may not be seen as legal or right or just, we get punished for it. But the things that are happening to us are illegal, unjust and unright. None of us should wake up in the morning and see an illegal store open, selling out things. I grew up with school zones. We have a school right on Nedro, right, which is what, a thousand feet away from these particular stores that sell these particular products. So most of our school students and it's an elementary school, so most of our young school students have to pass this store that is operating under a false premise of deli or a market, but it has nothing in it, but some cookies and potato chips and some juices. It doesn't have any deli foods, but it has every type of paraphernalia that you can imagine. They have this in these stores, right? Our other stores are not well to do. As Mr. Booker shared, we are the only neighborhood where 95 percent of our businesses are not ours. It's nothing wrong with diversity or shared equity, but the problem is that all these businesses are not funding our neighborhoods. They are funding where they live at or where they stay at. So they're constantly extracting and destroying at the same time. And it seems to be allowed to continue to go on forever and forever. And when we speak up against it, because I personally hate to sit here to ask people to help us to allow us to have an equitable life or door what we have to do. I don't know about anybody else, but I don't feel I need permission to have a good life. I'm just a person who believes that, right? But sadly our communities have to constantly be in these rooms, constantly be in these hearings just for simple rights. Just an opportunity to not have destruction being put into our neighborhoods while benefiting from us. And once we can do that, then we can address our own neighborhoods, our children, our youth, help God. I grew up with boys and girls and PAL, I grew up with other things to do. Those things no longer exists. So the variety stores with the hookas and the vapes and the cigarettes, people on the corner, that's just a residuals affect of having nothing to do positive. That's just what it is. But we can't address that if we can't address these nuisance in these places that are allowed. Because we don't allow them, they have to go through something that's political in order to just raise a gate and open the door and have an grand opening sign. And we have to come here and plead to the board. This is not a slight against y'all, this is just a reality. We have to come and ask y'all to help us get them out when they never should have had entry in the first place because it doesn't take place nowhere else. We need to be informed immediately the moment an application for any business in our communities, the community members and block captains need to be informed. So we can assert and we can see and we can understand and say do we want that type of stuff in our neighborhood. So I implore y'all to consider this bill and consider this bill and think about it heavily because if it doesn't stop the way it should stop, we are only asking for it to stop another way. Thank you. CHAIR DRISCOLL: Thank you both for your heartfelt testimony. Member Bass.
You know, I just wanted to follow-up on his comments because I think it's an important to point out. And this may be a further conversation for the Department of Commerce, but just in terms of circulation of dollars within communities. And just, you know, a breakdown that I found online which I believe to be accurate. But in the Asian community a dollar circulates for approximately 28 days. And then it goes to other communities. The white community a dollar circulates for about 17 days, that's how long it stays in the community. In the Jewish community it stays in the community for approximately 19 days. And in the African-American community, a dollar circulates for roughly 6 hours. So these huge gaps make a difference in terms of building communities, employing folks from the neighborhood, being able to make a contribution to support local neighbors who support you and your business. So I think it's really important that we have those kind of conversations as well and look to maybe a further hearing with the Department of Commerce about how do we, you know, capitalize on dollars that are coming into the community. How do we get them to circulate longer so they can go to things like employment, beautification and supporting the community, supporting the little leagues and the basketball teams and things like that. Those are things I would like to point out and have further conversation at some point. CHAIR DRISCOLL: Thank you and thank you for your testimony. Before we proceed, I'd like to bring back the Department of Health, please. See, I did get you back for a third time.
Thank you, Mr. Chairman. What is the process when we have an institution like this that does sell either loose tobacco or cigarettes without a license? Do you have to physically catch them, do you have a buyer that goes in and buys them? What does Health do in order to regulate the sales or the illegal sales of tobacco?
So an establishment that does not have a permit, correct?
Okay. If a store is open and operating without a permit or without a license as was the testimony, we would go and visit and conduct an inspection. If they were open and operating, we would -- if it was a previously operating store or had some type of license, we would cite them and say that you would need submit plans and in some cases we would conduct an inspection. And depending on what was observed at the time of the inspection, we would act accordingly. We would issue a notice of violation, which is our report and issue a ticket as necessary. We would tell them that they would need to submit to the department and get anything that was needed in conjunction with the Department of License and Inspections to operate. And then we would conduct that and we would all do that in terms of due process. And we would go ahead and have them submit all of these things. If they did not do so, we would conduct a reinspection ideally to give them enough time to submit all of these things. And if they were still open and operating at that time, then we would continue with our process depending on what steps the business had taken.
We would in certain conditions depending on the actual business, yes, we would issue a cease operations order for them to go ahead. And in some cases if they were observed for the first time open and operating, we would give them a chance and say close the operation and go ahead and submit your paperwork. CHAIR DRISCOLL: Councilmember Bass.
Thank you. Thank you, Mr. Chairman. So can you give us an update as to 5950 Ogontz Avenue and what the status of that is after the inspection? Because they did come down the night of our meeting which was late February, early March. They did, the Health Department, Department of L&I, the Police Nuisance Department all came down and they were cited multiple times to my understanding. So can you give us some sort of an update as to what is the latest is with that?
Absolutely, Councilmember. I'm sorry, I don't have those details, but I would get them as soon as I get back.
Because it's my opinion they should have been closed on the spot permanently.
Thank you. So if they are don't have a license and they're caught selling tobacco, they would get a violation. And if they continue to do that, you would go back on reinspection. A lot of these stores know when they see somebody coming in, they have a lot of these tobacco products under the counter, when you are looking for these products, do you look through the whole store and how does that work where if they have a regular customer come in, they can go in the back and get what they need. Whereas if you go in there they probably would say they don't have cigarettes, right? How does that inspection work?
We inspect for food safety and establishments, food safety and process. We would inspect all area that pertain to food, correct?
Most have food sales and along with tobacco. For tobacco, if there was a hidden compartment and we did not access to that, we were not granted access to that.
So we do have a relationship with the Department of Revenue, the Pennsylvania state Department of Revenue and they have ability to look into these businesses and they've came out in the past.
So you could get the state come out and look if you feel like you can't go there or can't do this, and then you don't go. You can then inform the state revenue to come do that?
We conduct joint inspections with the Department of Revenue, yes.
Okay. Maybe that's something that -- Councilmember Bass.
I hear what you're saying, but I also know the process is choppy. It's not really, in my opinion, it's not really a consistent process where it's an automatic thing. Where we were out there on, let's say, on March 1st. We observed all these things, we have evidence of them selling loose cigarettes and illegal cigarettes and also fake cigarettes, which is a whole other issue. Because these are cigarettes made in China and we have no idea what's in the actual cigarette that you're ingesting into your lungs which could be dangerous. But it's sort of like a poor community -- like it's less consideration overall. It's just less consideration. But as far as the inspections with the Commonwealth, it doesn't seem as if there is a real process that automatically triggers, this is what's going to happen. You know, when this happens, that happens. When we encounter A, B and C, that automatically means we are going to contact the state and have them come out and withdraw license. It seems as if it's up to the inspector or someone in the department and may be they will and may be they won't. I think it behooves all of us to have a set of clear guidelines to say when this happens, we're calling the Commonwealth, when that happens we're calling the Commonwealth. Other than that it seems a bit arbitrary. Maybe we'll call, maybe we won't.
Maybe we can work with the administration and the Chair and your office and see if you can put a policy together. I'm surely health would be more than willing to work with us on that. Thank you. Thank you for your answers. CHAIR DRISCOLL: And Councilmembers, I think, too, I think we need to get our stakeholders at the table. I think I would encourage that as well. Member Philips.
I just want to be clear on something. So the policy of writing -- issuing a violation for the selling of tobacco, is that a policy of your department, a warning violation or a fine, is that a policy your following from someone else or some other department?
Yeah, if you're operating without a permit for selling of illegal tobacco, you said when that happens you issue a fine. A violation that results in a fine, correct?
We conduct an inspection and based on what we see during that inspection, we would issue -- we could issue a ticket, a notice of violation. Or we could also, depending if there's reinspection fee also associated with that.
So is that your department's policy on items of that nature?
We enforce the regulations of the tobacco permit, correct.
So what we're saying here and Councilmember Bass is saying in some capacity, too, I think. This thing is such a proliferation when it comes to tobacco sales and illegal permits, that honestly there should be a zero tolerance. There shouldn't be an investigation, a warning, a violation, it should be immediate shut down. Why can't we get to that point?
Because we have to afford these establishments due process. We work with --
We work with our partners in License & Inspections and with law internally to ensure.
And that right there is what has to change in the city of Philadelphia. They don't get due process. They know what they're doing, they know what they're doing, they know what they're doing, and they do it all the time. They're going to keep getting sneaky about it. And I think that's what needs to be changed the city of Philadelphia. No due process under certain circumstances. Thank you.
Yes, thank you, Mr. Chairman. I appreciate Dr. Phillips and his commentary. I'm a district member at large member so I don't have the same responsibility as Member Bass and Member Phillips. I do think due process particularly in the current political climate matters as whole heck of a lot. That having been said, I think where I can align is that efficiency would be appreciated in the process that you are actually conducting. If we can shorten the time span on the follow-up or whatever the case may be, I think it would do a great service to the city to make sure we address the nuisance businesses in a Constitutional and appropriate way. I just wanted to put that on the record. CHAIR DRISCOLL: Thank you for your testimony. Hearing no further questions from members of this panel and there being no other panels to testify on the bills before this committee, we will now transition to the public comment session. Ms. McDonald, will you please call the first person making public comment we have to testify this morning on the bill before this committee today.
Sharese Sergeant. CHAIR DRISCOLL: Thank you. Please state your name, for the record.
Sharese Sergeant. Good morning, all, and thank you, Councilmembers. Thank you to my representative Councilwoman Bass for her partnership and support addressing the challenges of nuisance businesses in my community. I am a proud resident of Germantown by way of North Philadelphia. I am an active member of the Philadelphia Police Department 14th District, PDAC. I'm an active block captain. All of these responsibilities were instilled by way of my village and how I was raised in our dear city. I was raised to support this city in which I live to include all residents and businesses. With that said, Councilwoman Bass's proposed legislation to address nuisance businesses is a call to action of responsibility, accountability, and to create and approve the alliance needed between business owners and residents. As a resident, I'm required to pay my taxes, adhere to all compliance regulations and laws of the city. Obtain permits doing maintenance to my home. Ensure the upkeep of my home is occurring at all times. If I'm not responsible as a resident, I'm held accountable with fines, tickets and other more aggressive actions of the city. This seems to be different for some business owners as the upkeep of their business, properties, such as unmanaged dumpsters which causes public health issues with infestation of rodents, cracked pavements which create risk of safety for residents and pedestrians who walk. The illegal sales of tobacco and alcohol products. The actions of students during store hours affecting efforts to lower truancy and lack of operating permits. There seems to be a lack of oversight and enforcement of several agencies for business owners, however, there's due diligence and vigilance to act upon residents. The disrespect and intimidation to residents by nuisance businesses and their supporters who loiter are increasing the dangers throughout the city and are counter-productive to other city initiatives to address crime, improve education of our youth, improve quality of life of all, and all of the city clean up efforts. I thank Councilwoman Bass and the Philadelphia 14th Police District as their efforts over the last several years have changed the Chelten Avenue corridor. But there is more work to do here and throughout city. I am in agreement with the previous testimony, as I should not have to ask, but I will. Please support the proposed legislation to move businesses and residents to a healthy relationship as both are critical to the successes in our city in which we are trying to improve and build upon. Again, Councilwoman Bass and the 14th Police District, thank you for highlighting these matters as the businesses on Chelten Avenue that was addressed in my neighborhood is permanently closed after three years of operating with no business license, multiple raids over 10 years due to illegal activities of sales of drugs, five years of delinquent tax bills, 10 years of illegal sales of tobacco and lottery products to use, and three years of operating with a self-installed gambling machine. 311 cannot be the residents only option. Calling 311 and overwhelming them continuously is not effective and it's time consuming. And it's not a proper use of those who work 311. This seems to be a slow building issue that we all know about. I'm happy we are addressing it, but I would be proud of this city and you, City Council, if you actually take action to hold all city agencies who are responsible for this matter and this infestation, it is an infestation of what has been in our communities. Thank you for your time. CHAIR DRISCOLL: Thank you. Ms. McDonald, will you please call the next person for public comment.
There are no 18 more names for public comment. CHAIR DRISCOLL: I'd like to thank all the witnesses for joining us today. And there being no further questions from the members of this committee and no other witnesses to testify on Bill No. 250123 and Bill 3 No. 250151, I will ask if there's anyone else present at that hearing that we failed to call and wishes to offer testimony on the bills being considered today. Hearing none, I want to thank the panels and witnesses for their participation. We value your opinions. This concludes the public hearing of the committee. We will now go into a public meeting to consider the action taken on the bills before this committee today. We will now convene the public meeting of the Committee of Licenses and Inspection. Please note that Bill No. 250151 is being withheld at the request of the sponsor and will not be voted on today. Ms. McDonald, will you please call the roll to take attendance. Members that are in attendance, will you please indicate that you're present when your name is called.
It's Bill No. 9 150 that is being held. Sorry, there was a typo. Councilmember Gilmore- Richardson Jones. Councilmember Jones. Councilmember Gauthier. Councilmember Phillips.
Chair Driscoll. CHAIR DRISCOLL: Present. The Chair recognizes Councilmember Squilla for a motion on the amend to Bill No. 250123.
Thank you, Mr. Chair. I offer an amendment to Bill No. 250123, a copy of the amendment have been circulated to all members. I move that the amendment of Bill No. 250123 be approved. CHAIR DRISCOLL: The Chair notes, for the record, that Councilmember O'Rourke seconds the motion. It has been moved and properly seconded that the amendment to 250123 be approved. All those in favor will signify by saying aye. Those opposed? The ayes have it. The motion carries and the amendment to Bill No. 250123 has been approved. The Chair recognizes Councilmember Squilla for a motion on Bill No. 250123 as amended.
Thank you, Mr. Chair. I move that Bill No. 250123 as amended be recorded with this committee with a favorable recommendation and further move that the rules of Council be suspended as to permit first reading of this bill at the next session of council.
Second. CHAIR DRISCOLL: The Chair notes, for the record, that Councilman O'Rourke seconds the motion. It has been moved and properly seconded that Bill No. 21 250123 as amended be reported from this committee with a favorable recommendation, and further move that the rules of the council be suspended to permit first reading of this bill at the next session of council. All those in favor of the motion signify by saying aye. The ayes have it. The motion carries. The Chair recognizes Member Squilla on Bill No. 250151.
Thank you, Mr. Chair. I offer an amendment to 250151. A copy of the amendment has been circulated to all members of the committee. I move that the amendment to Bill No. 250151 be approved.
Second. CHAIR DRISCOLL: The Chair notes, for the record, that Councilmember Phillips seconds the motion. It has been moved and properly seconded that the amendment to Bill No. 250151 be approved. All those in favor of the motion will signify by saying eye. The ayes have it. The motion carries and amendment has been approved. The Chair recognizes Councilmember Squilla on Bill No. 8 250151 as amended.
Thank you, Mr. Chair. I offer an amendment to Bill No. 250151. A copy of the amendment has been circulated to all members of the committee. I move that the amendment to 250151 be approved.
Second. CHAIR DRISCOLL: The Chair notes, for the record, that Councilmember Phillips seconds the motion. It has been moved and properly seconded that the amendment to Bill No. 250151 be approved. All those in favor of the motion will signify by saying aye. The ayes have it. The motion carries and the amendment to Bill 5 No. 250151 has been approve. The Chair recognizes Councilmember Squilla for a motion on Bill No. 250151 as amendment.
Thank you, Mr. Chair. I move that Bill No. 250151 as amended be recorded with this committee with a favorable recommendation and further move that the rules of council be suspended and permit the first reading of this bill at the next session of council.
Second. CHAIR DRISCOLL: The Chair notes that Councilmember O'Rourke seconds the motion. It has been moved and properly seconded that Bill No. 250151, as amended, be reported from this committee with a favorable recommendation and further moved that the rules of council suspended to permit first reading of this bill at the next session of council. All those in favor of the motion will signify by saying aye. The ayes have it. The motion carries. And this concludes the business on License and Inspections today. Thank you all very much for your attendance. (Committee on License and Inspection meeting concluded at 11:30 a.m.) C E R T I F I C A T I O N I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me of the above case, and this copy is a correct transcript of the same. _______________ Samanda J. Rios