Councilman Stated - 6/2/05 DiCicco. COUNCILMAN DiCICCO: Aye.
Thank you. The next bill to be called for consideration, Bill No. 050451.
An ordinance amending Title 19 of the Philadelphia Code by creating a new Chapter 19-3400, entitled excise tax on outdoor advertising transactions, under certain terms and conditions. Stated - 6/2/05
This bill, having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Thank you. The next bill to be called is Bill No. 050452.
An ordinance amending Chapter 19-1200 of the Philadelphia Code, entitled parking tax.
This bill, having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 14. The nays are three. Pardon me?
A majority of all members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 050453.
An ordinance amending Title 9 of the Philadelphia Code, Section 9-602, entitled outdoor Stated - 6/2/05 advertising, by amending the requirements for obtaining the conditions for issuance of licenses and making technical changes, all under certain terms and conditions.
Madam Chair, I move to suspend the rules of City Council to permit consideration of an amendment to delete the word "primarily" from Section H and Bill No. 050453. That's the amendment offered last week.
There is no need to suspend the rules. If you will just offer your amendment, we'll be happy to consider it.
All right. Stated - 6/2/05 Thank you. I offer the amendment. I'd like to arrange a distribution to each member. Then I'd like to speak briefly on the amendment. This amendment relates to the distinction between a mural and commercial art. And the sole purpose of the word "primarily" is to have a tax function. A license fee is necessary for all forms of art, mural or otherwise. It's an annual license fee. But the tax is based upon the commercial value. And the word "primarily" is an indication that already the sign-makers are seeking to have the form of a mural art which advertises, say, Trump's Casino as a sponsor listed as a name, they want that considered primarily as a mural rather than as an art. And I think that we need the revenue enough to throw the weight first in the direction of something being taxable. This is not to bar murals in any way. Stated - 6/2/05 All this does is decide whether or not it's commercial enough in order to require a tax payment in addition to license fees. So the argument -- and I noticed in the TV replay of the proceeding no one of us in Council mentioned what the argument was about because I think none of us were actually sure. But the definition that I'm attacking, Section H, is a definition of the word "mural art." And I think the benefit ought to be on the side of the city to make a commercial offering pay its way through taxes rather than to give the advantage to the business and to say it's not taxable. And that's all we're talking about, dollars and cents that are owed. To me, it's a sign that the outdoor sign people are already trying to weigh the thing their way. And I think by eliminating the word "primarily," we're putting the city in the best advantage to get a favorable tax judgment.
Thank Stated - 6/2/05 you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I was not able to completely hear all the comments of my colleague, Councilman Cohen.
It wasn't seconded. He didn't make a motion to adopt the amendment. Councilman DiCicco's light went on, so I'm recognizing him. COUNCILMAN DiCICCO: If you need to make the second, I'll wait for the second.
Well, he's going to have to make the motion first.
No. Just move for the adoption of your amendment. Stated - 6/2/05
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. And thank you, Councilman Kenney, for that delayed second.
When the city needs money, we're all going to vote for --
Councilman, you made a motion. It's been seconded. Someone else is speaking. So we will proceed, please. COUNCILMAN DiCICCO: I will be urging my colleagues to vote no on the Councilman's amendment for the same reasons that I spoke of last week. Stated - 6/2/05 There's an opinion from the Managing Director that was circulated yesterday. I'm not certain if all my colleagues received one. I have serious concerns, as I did last week and still continue, that an anti-advertising advocacy group or individuals, if a company were to decide to fund a mural but that company's logo was included in the mural -- whether it's 1 percent, 10 percent or 100 percent of the mural, I have no way of knowing that -- that there would be legal grounds for the advocacy group who is opposed to outdoor advertising to challenge that mural. Charlie Pizzi was here -- I think he left -- the CEO of Tastykake, which is a local baking company which is a nationally renowned company. If they decide to fund a mural and the kids in the mural are holding a Tastykake and it has the advertisement on it, someone could consider that as outdoor advertising and Stated - 6/2/05 the funding for that mural would be in jeopardy. So I again am asking my colleagues to vote no. Respectfully, I appreciate what Councilman Cohen is concerned about. But I have serious concerns, as I just pointed out, and I would ask my colleagues to be voting no on his amendment.
Thank you very much. The Chair recognizes Councilman Cohen.
Thank you, Madam President. The whole purpose is to protect the mural arts, to prevent mural arts from being taken over for commercial purpose, or if taken over for commercial purpose, to see that the commercial tax is paid rather than having murals add to the tax-free income of businesses. Now, I understand Councilman DiCicco because he always speaks for free taxation of business but soaks the poor people Stated - 6/2/05 heavily. And that's what he's doing here. He's saying don't demand that a business which is going to benefit from an outdoor sign pay its tax, let the people who live in the rowhouses pay increased taxes. But my amendment strengthens the mural movement because it prevents murals from being used commercially, which they're not supposed to do.
Thank you, Councilman. It has been moved and seconded that Councilman Cohen's amendment be adopted. All in favor will please say aye.
Based on [inaudible] from Chester yesterday, don't look for relief from Philadelphia. We're just as bad as he says the city government Stated - 6/2/05 of Chester was.
The motion fails. So I would ask the Chief Clerk to -- this bill, having been read on two different days, the question now is shall the bill pass finally.
Aye. The ayes are 11. The nays are six. A majority of all members having voted in the affirmative, the bill passes.
The next bill to be called for consideration is Bill No. 050230.
An ordinance amending Title 14 of the Philadelphia Code, entitled Zoning and Planning, by amending Chapter 14-200, entitled Residential Districts, by amending requirements relating to courts in certain Residential Districts, under certain terms and conditions.
This bill, having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll. Stated - 6/2/05