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Minutes

Stated Meeting, October 27, 2005

Philadelphia City CouncilOct 27, 2005

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 15. The nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Chair recognizes Councilwoman Miller.

Councilwoman Miller

Thank you, Madam President. I'd like to be recorded as voting aye on all bills while I was absent from the Chambers.

Council President Verna

The record will so reflect that. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

I'm sorry, Madam President.

Council President Verna

That concludes our Second and Final Passage 39 APPLICATIONS Calendar. We will now take up the consideration of applications for take-out beer permits under Act 39. There are approximately 45 applications that must be considered at today's session of Council. Again, I'm going to say as I did last week, if no action is taken on those applications today, they will be deemed approved under the provision of Act 39 that requires Council to act within 45 days of the date of the application. We have distributed to each of you in advance of today's session a copy of the Hearing Examiner's recommendation on each application, as well as transcripts of the hearings. Following the procedure discussed in caucus today, we will briefly recess this Council session and go into an Executive Session of Council in the Caucus Room. The purpose of the Executive Session will be to conduct 39 APPLICATIONS deliberations on the take-out beer permit applications. Only Councilmembers and staff will be permitted to attend the Executive Session. I repeat: Only Councilmembers and staff will be permitted to attend the Executive Session. At the completion of the Executive Session, this Council session will resume and we will then vote on the resolutions to approve or disapprove the applications. Council will now stand in recess for 30 minutes, and I would ask -I'm sorry. Councilman Clarke, I'm sorry, I didn't see your light on.

Councilman Clarke

Yes. Madam President, I just wanted to ask one question to clarify my position as a Councilperson but also as a protestant on a substantial number of the resolutions that will be heard and my status in the Executive Session. Am I allowed to be in the room? 39 APPLICATIONS

Council President Verna

It is my understanding that you could -- you are recusing yourself?

Councilman Clarke

Yes, from voting.

Council President Verna

So you could literally walk out of the Caucus Room during the time your applications in your district are being considered, as I would have to do.

Councilman Dicicco

Point of order, Madam President.

Council President Verna

Yes, sir.

Councilman Dicicco

Are you saying that we must leave the room or we can leave the room?

Council President Verna

I think we should leave the room.

Councilman Dicicco

Even if we're not making any comments?

Council President Verna

Yes.

Councilman Dicicco

There won't be anyone left in the room. 39 APPLICATIONS

Council President Verna

Councilman, I am told you really don't have to, but it was recommended earlier to me that you should and you will have --

Councilman Dicicco

Understand. Okay.

Council President Verna

I know. Does that answer your question, Councilman?

Councilman Clarke

It sounds like you're saying that I probably should return some of the phone calls that I got in my office.

Council President Verna

I'm sorry. I can't hear you.

Councilman Clarke

It sounds like you're saying I probably should return some of the phone calls that I have in my office while the Council is deliberating in the Chambers. It might be the best use of my time.

Council President Verna

But 39 APPLICATIONS you would still have to be there for the other applications.

Councilman Clarke

Okay.

Council President Verna

Any other questions or comments? (No response.)

Council President Verna

Then may I suggest that we go immediately into the Caucus Room. (Short recess.)

Council President Verna

The Council session is now reconvened. Council will please come to order. We will now consider applications for take-out beer permits. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I offer 38 resolutions on your behalf and five resolutions on my behalf.

Council President Verna

Thank you. We will consider those resolutions very shortly. 39 APPLICATIONS At this time, the Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

For what?

Council President Verna

Offer your resolution. You offer one resolution.

Councilwoman Tasco

I offer one resolution.

Council President Verna

Thank you. We will now consider the resolutions introduced by Councilwoman Blackwell and Councilwoman Tasco in the order in which these applications appear on the previously distributed list. The Clerk will please read the title of the first resolution.

Chief Clerk

A resolution -

Council President Verna

Just a moment, please. Before you start to read the First District applications, the record will reflect that Councilman DiCicco has recused himself from consideration of 39 APPLICATIONS these applications and will not be voting. So, again, I would ask the Chief Clerk to please read the title of the first resolution.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving the following application for a permit to sell malt and brewed beverages for consumption off premises: 2769 LY Inc., 2769 Kensington Avenue, Philadelphia 19134.

Council President Verna

At this time, the Chair recognizes Councilwoman Blackwell for a motion on the resolution.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

All in favor of the adoption of the resolution will please signify by saying 39 APPLICATIONS aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. Again, the record will show that Councilman DiCicco has recused himself from this matter and is not voting. The Chief Clerk will please read the second application.

Chief Clerk

A resolution accepting the Hearing Examiner's recommendation and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: 37 Kim Inc., 900 Washington Avenue, Philadelphia 19147.

Council President Verna

Again, the Chair recognizes Councilwoman Blackwell for a motion on the resolution. 39 APPLICATIONS

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor of the resolution will please signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. The record will reflect that Councilman DiCicco has recused himself in this matter and is not voting.

Chief Clerk

A resolution rejecting -

Council President Verna

Just a minute, please. We're on the Second District. Applications from the Second District are 39 APPLICATIONS now up for consideration. Since I have recused myself from consideration of those applications, I now designate Councilwoman Blackwell to act as President Pro Tem while those applications are being considered.

Councilwoman Blackwell

Thank you, Madam President. The Chair will also note that the President has recused herself in this matter and is not voting. Will the Clerk read the title of the next bill.

Chief Clerk

A resolution rejecting the recommendation of the Hearing Examiner and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: 6501 Chung Inc., 6501 Elmwood Avenue, Philadelphia 19142.

Councilwoman Blackwell

Thank you very much. The Chair recognizes 39 APPLICATIONS Councilwoman Tasco for a motion.

Councilwoman Tasco

I move for the adoption of the resolution. (Duly seconded.)

Councilwoman Blackwell

It has been moved and seconded. All in favor will say aye. (Aye.)

Councilwoman Blackwell

All opposed? (No response.)

Councilwoman Blackwell

The ayes have it and the resolution is adopted. Again, the record will show that the Council President has recused herself from this matter and is not voting. Will the Clerk read the title of the next bill.

Chief Clerk

A resolution accepting the Hearing Examiner's recommendation and disapproving the following application for a permit to sell malt and brewed beverages for 39 APPLICATIONS consumption off premises: 17 Snyder Corp., 2100 South 17th Street, Philadelphia 19145.

Councilwoman Blackwell

Thank you very much. The Chair recognizes Councilwoman Tasco for a motion.

Councilwoman Tasco

I move for the adoption of the resolution. (Duly seconded.)

Councilwoman Blackwell

All in favor of the adoption of the resolution will signify by saying aye. (Aye.)

Councilwoman Blackwell

Those opposed? (No response.)

Councilwoman Blackwell

The ayes have it and the resolution is adopted. Again, the record will show that the Council President has recused herself in this matter and is not voting.

Chief Clerk

A resolution accepting the Hearing Examiner's 39 APPLICATIONS recommendation and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: 5956 Chester Inc., 5956 Chester Avenue, Philadelphia 19143.

Councilwoman Blackwell

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

I move for the adoption of the resolution. (Duly seconded.)

Councilwoman Blackwell

All in favor will say aye. (Aye.)

Councilwoman Blackwell

Opposed? (No response.)

Councilwoman Blackwell

The ayes have it and so the resolution is adopted. Again, the record will show that the President has recused herself in this matter and is not voting. That completes the applications from the Second District. The Council 39 APPLICATIONS President will again resume the Chair. Thank you.

Council President Verna

Thank you very much. We will continue. Chief Clerk.

Chief Clerk

A resolution rejecting the recommendation of the Hearing Examiner and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: 5756 JA & JS Inc., 5756 Baltimore Avenue, Philadelphia 19143.

Council President Verna

Thank you. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. 39 APPLICATIONS All in favor will please say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The resolution is adopted.

Chief Clerk

And a resolution accepting the recommendation of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: H. Penn Enterprises, 24 North 52nd Street, Philadelphia 19139.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the 39 APPLICATIONS resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

A resolution accepting the Hearing Examiner's recommendation and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: Meng Master Deli, 567 North 63rd Street, Philadelphia 19151.

Council President Verna

Thank you. We will consider applications from the Fourth District. The record will reflect that Councilman Nutter has recused himself from consideration of 39 APPLICATIONS these applications and will not be voting. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

A resolution rejecting the Hearing Examiner's recommendation and disapproving the following application for a permit to 39 APPLICATIONS sell malt and brewed beverages for consumption off premises: T-Hogan's Pub, 5109 to 11 Rochelle Avenue, Philadelphia 19128.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

A resolution accepting the recommendation of the 39 APPLICATIONS Hearing Examiner and approving the following application for a permit to sell malt and brewed beverages for consumption off premises: 2708 Alex Inc., 2708 to 10 West Allegheny Avenue, Philadelphia 19132.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. 39 APPLICATIONS

Chief Clerk

A resolution rejecting the Hearing Examiner's recommendation and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: 1701 LIM Inc., 5527 Lansdowne Avenue, Philadelphia 19132.

Council President Verna

Thank you. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? 39 APPLICATIONS (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

A resolution accepting the Hearing Examiner's recommendation and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: 6233 Huynh Inc., 6233 Lancaster Avenue, Philadelphia 19151.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.) 39 APPLICATIONS

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion carries. The Clerk will please read the next application number.

Chief Clerk

A resolution accepting the Hearing Examiner's recommendation and disapproving the application for a permit to sell malt and brewed beverages for consumption off premises: 6104 Adan Inc., 6104 Lansdowne Avenue, Philadelphia 19151.

Council President Verna

We are now going to be considering applications from the Fifth District.

Councilwoman Blackwell

Madam President, we need to vote on that last resolution.

Council President Verna

We didn't vote on it? I'm sorry.

Councilwoman Blackwell

I move for the adoption of the resolution. 39 APPLICATIONS

Council President Verna

Right. All those in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. We'll now read the next application, please.

Chief Clerk

A resolution rejecting the Hearing Examiner's recommendation and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: 3212 Tang Inc., 3212 West Dauphin Street, Philadelphia 19132.

Council President Verna

We are now going to be considering applications from the Fifth District. The record will reflect that Councilman Clarke has recused himself from 39 APPLICATIONS consideration of these applications and will not be voting. So I would now recognize Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

A resolution rejecting the Hearing Examiner's recommendation and disapproving the following application for a permit to 39 APPLICATIONS sell malt and brewed beverages for consumption off premises: USA Deli Inc., 2234 to 38 North Broad Street, Philadelphia 19132.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

A resolution rejecting the recommendation of the Hearing Examiner and disapproving the 39 APPLICATIONS following application for a permit to sell malt and brewed beverages for consumption off premises: Tek Good Luck Inc., 2225 Ridge Avenue, Philadelphia 19121.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

A resolution 39 APPLICATIONS accepting the recommendations of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: 2615 PL Inc., 2615 Cecil B. Moore Avenue, Philadelphia 19121.

Council President Verna

Again, the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The 39 APPLICATIONS ayes have it and the resolution is adopted.

Chief Clerk

A resolution modifying the recommendation of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: Budd-N-Bruno, 565 North 20th, Philadelphia 19130.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? 39 APPLICATIONS (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

A resolution rejecting the recommendation of the Hearing Examiner and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: 12 Street Tang's, 816 North 12th Street, Philadelphia 19123.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.) 39 APPLICATIONS

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: 1630 Lehigh Inc., 1630 West Lehigh Avenue, Philadelphia 19132.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will signify by 39 APPLICATIONS saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: 2900 Ridge Avenue, 2900 to 06 Ridge Avenue, Philadelphia 19121.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the 39 APPLICATIONS resolution be adopted. All in favor will please indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: 725 Tech Inc., 725 North 10th Street, Philadelphia 19123.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.) 39 APPLICATIONS

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: 900 Tai Inc., 900 West Huntingdon Street, Philadelphia 19133.

Council President Verna

The Chair again recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank 39 APPLICATIONS you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: 3431 Chong Inc., 3431 Germantown Avenue, Philadelphia 19140.

Council President Verna

The 39 APPLICATIONS Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: Blue Era Inc., 2743 Poplar Street, 39 APPLICATIONS Philadelphia 19130.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed 39 APPLICATIONS beverages for consumption off premises: 1617 K&L Inc., 1617 West York Street, Philadelphia 19132.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

A resolution accepting the recommendations of the Hearing Examiner and approving, with 39 APPLICATIONS conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: 2600 LILI Inc., 2600 North 12th, Philadelphia 19133.

Council President Verna

The Chair again recognizes Councilwoman Blackwell.