The ayes have it, and Resolution 171092 is adopted. Mr. Decker, please read the title of 171049.
A resolution calling for the installation of a City historical marker, on the 17th Street side of the southeast corner of 17th and Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING Chancellor Streets, to commemorate the nation's first sit-in for LGBT equality, held April 25, 1965, at the former Dewey's Restaurant.
Council President, I move for the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. All those in favor say aye. (Aye.)
The ayes have it. Resolution 171094 is adopted. Mr. Decker, 171095.
A resolution authorizing the Philadelphia Land Bank to dispose of 641 East Clearfield Street Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING located in the Seventh Councilmanic District.
The Chair recognizes Councilwoman Quinones-Sanchez.
Thank you. I move for its adoption. (Duly seconded.)
It's been moved and properly seconded. All those in favor say aye. (Aye.)
The ayes have it. 171095 is adopted. Mr. Decker, 171098.
A resolution calling upon the Kenney administration to support the rights of public sector workers threatened in Janus versus AFSCME, Council 31 soon to be heard by the U.S. Supreme Court. Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING
Thank you, Council President. Before I move forward with the adoption, the motion to adopt this resolution, I'd just like to acknowledge that members of AFSCME District Council 47 were here today and are still here. They had scheduled to testify. They signed up to testify regarding this resolution, and from my understanding, they were not able to do so. I know we had Vice President Ethelind Baylor from AFSCME District Council 47 as well as former President Thomas Paine Cronin who are both here. Could we at least acknowledge them since they were here to testify on this resolution. (Applause.)
The reason why this resolution is so important, I think some people in this country have forgotten some of the things that Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING organized labor has brought to this country. The five-day work week, fair wages, and selective income equality for people, the end of child labor laws, employment-based health coverage, as well as the Family Medical Leave Act. And more specifically in the public sector world, and we focus on AFSCME, we sometimes forget that it was the work of public sector workers, and I'm thinking back to the Memphis sanitation strike in Memphis, Tennessee when Dr. King lost his life. That was based on a sanitation strike when two AFSCME members, Echol Cole and Robert Walker, lost their life in fighting for equal justice in this country as part of the labor movement. So when you look at this type of litigation that's before the Supreme Court, it's very important that we support public sector workers for all that they have done, not only for the advancement of civil rights but also what labor has done to provide a lot of the Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING rights and privileges that we in this country hold dear. And based on that information and based on all the work they have done, I move for the adoption of the resolution. (Duly seconded.)
Thank you. It's been moved and properly seconded. All those in favor say aye. (Aye.)
The ayes have it. 171098 is adopted. Mr. Decker, 171100.
A resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the New Kensington-Fishtown Urban Renewal Area, identified by house numbers and streets Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING addresses as 2046, 2048, 2050, and 2052 East Hagert Street and 1823 through 29 and 1833 through 39 East Oakdale Street.
Thank you, Mr. President. I move for the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. All those in favor say aye. (Aye.)
The ayes have it. 171100 is adopted. Mr. Decker, please read the title of 160111-A.
An ordinance amending Chapter 12-2800 of The Philadelphia Code, entitled "Administrative Adjudication of Parking Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING Violations," to establish an amnesty program for fines, fees and penalties on parking violations.
Thank you, Mr. President. First, let me start off by saying how much respect, the tremendous amount of experience and wisdom that Councilwoman Blackwell has shown throughout her career here in this body and identifying such issues as offering a window of amnesty. So I wanted to start off with that. And I'm asking her, as she had committed to me and other members and the Administration, to continue to work towards some of the common goals and some identified outstanding issues that I and some of the folks in my district may have as we move forward. With that, I will be supporting this, but there are -- this is a large issue that is citywide. And, again, I Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING have nothing but the utmost respect in identifying the issues that have been ongoing with her and the people that she represents in the City of Philadelphia. So I'm just asking that we continue to have this dialogue and addressing some of these issues, not just with myself but any other members and the Administration so we can work towards the common goals that we all share. So thank you.
Thank you, Councilman. The Chair recognizes Councilman Green.
Thank you, Council President. I just have a point of information for the sponsor of the bill regarding legislation. I know there's been a lot of amendments regarding the bill, and I just want to get some information for the record. So under this legislation if a person had a traffic ticket, let's say, Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING about a year ago, would they qualify for amnesty under the legislation?
Mr. President, this is a five-year amnesty bill. It goes from 2013, '14, '15, '16, and '17, and they would. And I wanted a moment -- to take a moment to address my colleagues about the need for this bill. I thank all who have been just contacted, and I tried to take our time, and I'm sorry that people were just contacted between last night and today. In general, this bill creates a parking amnesty for parking tickets that are older than five years if someone makes an agreement to pay the balance of their parking tickets younger than the five years. I wanted to create a parking amnesty program because there are many people in this city that just need a break. I've heard complaints from my constituents about the overzealous enforcement of parking tickets by the Philadelphia Parking Authority. I've Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING heard reports of the Philadelphia Parking Authority targeting poor neighborhoods and booting and towing 15 cars on a single block, 50 cars in a single area in my district, especially since I put in this bill. I've heard people that have had their cars towed by the Philadelphia Parking Authority because of tickets they or a family member received over 20 years ago. One gentleman had tickets from 1975. I'm outraged about how the Parking Authority has been treating our citizens. It's not right, and something has to be done. Many people depend on their vehicles to assist them in very central day-to-day activities, going to work, taking their children to school, going to the grocery store, something that basic. For some, having a vehicle means the difference between having food to feed their families or not and having jobs or Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING not. The Philadelphia Parking Authority has been exploiting their power by taking people's cars in order to force them into unfavorable payment agreements and by selling their cars when they ultimately default on agreements they can't pay. I cannot simply do nothing while so many people are being taken advantage of by a predatory institution. Now the Philadelphia Parking Authority has been telling me that if we do this amnesty, the School District is going to lose $21 million over the next five years. This assertion is based on several broad assumptions, not on facts but on what they, quote/unquote, predict will happen or what they predict people might do. Philadelphia has never had an amnesty program based on parking tickets before. How can they make the assumptions on what will happen if we Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING have nothing to base it on? The Philadelphia Parking Authority is trying to scare us by saying we're going to take money away from the School District when it seems to me that the Parking Authority is the one who is taking money away from the School District. (Applause.)
Last week it was made clear -- I still have those posters -- that the Philadelphia Parking Authority has been withholding money from the School District for years. The Auditor General's report stated that the Philadelphia Parking Authority owes the District at least $77.9 million. When the state took over control of the Parking Authority in 2001, they promised that the School District would receive $45 million a year. This promise has never been fulfilled. The District only receives about 10 million from the Parking Authority each year. In Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING fact, even before the consideration of this bill, the School District was already expecting to lose roughly $7 million from the Parking Authority for Fiscal Year '18. We cannot depend on the Philadelphia Parking Authority to fund the School District. They have not lived up to their promises in the past and, therefore, we should not expect them to live up to their promises in the future. The fact is, we of City Council are the ones with the record for taking care of the School District. We have never failed to do so. We do all that we can to support the School District and our children. Don't tell me I'm taking money away from the School District, Parking Authority, because we want to find a way to help people that are in need. I know our School District needs help, but there are other people out there that need help too. We cannot just ignore them. Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING (Applause.)
I always say my passion is to help people in need, and as long as God gives me breath, we're going to continue to do what we can to help people who are in need. I'm here to serve the people, and I ask that you support me by voting yes on this bill. Thank you for listening, and I hope that you support this bill. Thank you again, and I move for the adoption. (Applause.)
Thank you, Councilwoman. The Chair recognizes Councilman Domb.
Thank you, Council President. I echo the sentiments of Councilman Henon and also Councilwoman Blackwell. Your work on this has been extraordinary, and I applaud it. I have maybe a difference of Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING opinion on this bill. From where I come from, usually it's the principal that is always paid back and it's the interest and penalties that can be compromised. And when you look at the actual numbers of what's owed, there's $655 million in delinquent taxes to the Parking Authority. Only 243 million is actual principal, 313 is interest and penalties, 99 million is booting fees, towing, and storage fees. So my suggestion here is to, number one, do not forego principal. It's not fair to those people who paid for the last 20 years. For those people who can't afford it or have a means test, exclude the interest and penalties. But for the person who is earning a good income who didn't pay us, they shouldn't get off scot-free. That's not right, and it sends the wrong message in collecting these fees. I'm totally in favor of waiving interest and penalties for those who Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING financially qualify. And I just wanted to share that with you. And I will be voting no on this, so I wanted to give you my reasons why. I'm in favor of helping people, but I think the principal has to stay intact. Thank you. (Applause.)
Thank you, Councilman. The Chair recognizes Councilman Jones.
We've talked about a lot of fairness issues today, and selective enforcement based on zip codes, based on people who are already under the gun, under the yolk of economic stressors, should not be unfairly targeted by enforcement agencies. I understand that we run a risk of possible revenue loss, but we also stand to gain through an amnesty if people come and start to pay for stranded parking fees that they would have otherwise not paid. Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING Every time when it comes to the rules of the game, when it's tilted unfairly towards poor people, it's okay. It cannot be continued. It cannot go on. I support Councilwoman Blackwell on this, and you should not have enforcement by zip code. Thank you. (Applause.)
Thank you, Councilman. There are no other speeches on this. This bill has been heard on two separate days. The question is shall the bill pass finally. Mr. Decker, call the roll.
Nay. Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING
Councilwoman Quinones-Sanchez. Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING
Aye. The ayes are 14 and the nays are three. A majority of members present voting in the affirmative, the bill passes. (Applause.)
Okay. Mr. Decker, please read the title of 170963. Thank you, Mr. Decker. The title has been read on 170 -- did you read the title yet? Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING
Bill No. 170963, an ordinance amending Section 6-301 and 6-503 of The Philadelphia Code, entitled, respectively, "Food Establishments" and "Licenses and Permits," to revise licensing requirements relating to food establishments, including requirements relating to restroom facilities, service and seating.
Thank you, Mr. Decker. The Chair recognizes Councilwoman Bass.
Well, thank you, Mr. President. And I'd like to start by thanking everyone for coming down today on both sides of this issue, for those who support the bill to raise their voices and say we are so sick and tired of being sick and tired and for those who oppose it, so that I have an Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING opportunity to clarify misinformation that has been circulating for many different sources, but first on background. This bill is the culmination of the 25-plus years worth of work that Councilwoman Blackwell has put in to address the unacceptable business practices that have been going on for far too long, and I thank her. (Applause.)
Our office has worked on this matter for several years now, desperately trying to work with stop-and-go owners in my district to change their business model, which was met with silence from these operators. And in October 2016, we arranged a tour with L&I Commissioner David Perri, Health Commissioner Tom Farley, former Fire Commissioner Derrick Sawyer, representatives from the Philadelphia Police Department, and staff from Liquor Control Enforcement. That tour left the Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING attendees flabbergasted. We asked for help, and it was delivered in the form of this bill. I want to thank the tour attendees, and I want to thank Mayor Kenney for their unwavering support and encouragement as we prepare to take this most important vote. There has been so much confusion on this bill, some a simple misunderstanding and some is the intentional spreading of inaccuracies, but I want to be clear as to who I'm addressing with this legislation: the owners of stop-and-go's. They're referring to themselves as beer delis now, which I think is laughable, because I've been a Philadelphian all my life and I know what a deli is, and this isn't that. You can't get a pastrami on rye in any of these places. So let me be clear as to who this bill addresses. This bill is for establishments that sell beer and/or Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING shots of liquor, cold medicine that can be converted into drugs to get high, crack pipes and other drug paraphernalia, fruit-flavored cigarillos, and candy and snacks for children. Sometimes they sell food. Mostly they don't. They only exist in vulnerable neighborhoods where self-medication happens frequently. They aren't delis. They're places to buy products to get high. They're the modern-day pusher, a legal storefront pro-addiction center, an indoor open-air drug market. It's the get-on place in the neighborhood, masquerading as restaurants. They sell almost everything you need to get high, and if they don't have it, often someone loitering inside or outside has the rest. You see the addicted clearly intoxicated, drinking a shot of liquor, standing in the small area allowed, while neighborhood children mingle and consume chips and candy. Who can defend this? How can anyone defend this? We don't Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING allow children in bars for a reason, and yet we have a hybrid bar, liquor store, beer distributor operating right now in these very vulnerable communities. If they were selling hypodermic needles synonymous with using heroin, there would be an immediate call to shut these places down. But selling crack pipes and cheap alcohol, well, let's just admit it, that it's a different kind of addict, so they get a different kind of response. As a member of Council, I believe my job is somewhat like a police officer, just without a badge, sworn to protect and serve all people. It's our responsibility to bring the community together, not to promote a war of what-if violence of any kind. Our job is to bring forth solutions and peace in the communities we serve and not irresponsibly incite even the potential of violence and division. What seems to be forgotten here is that these businesses have licenses to Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING operate as restaurants, and that is what this bill is requiring them to do. That's not what they are right now. When was the last time you got a serving of NyQuil at a restaurant? But you can get it at these establishments. I've never heard so many people defending a group of businesses that were primarily focused on selling people things that would allow the continuance of an addiction, all under the guise of safety first. Well, let me be the first to tell that you've been had. Now, I have no doubt that safety is a real concern, a significant concern.
When we talk to businesses and those concerned about the removal of bulletproof glass, we also talked about lighting, cameras, security guards with wands, individual assessments from security professionals, all to be told no, the only option is glass. Well, let me say this: I have an agreement that was signed by Mr. Xu and Mr. Murphy Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING representing the Asian American Licensed Beverage Association, or known as AALBA. It's an agreement dated December 16th, 2004, nearly 13 years ago to the day, in which they agreed to hire security guards. It's signed by the very people who now say no to security guards. This document, which Councilwoman Blackwell worked on since 1993, 25 years, this document states that they will stop selling drug paraphernalia. It reads, AALBA, through its members, shall no longer sell items that are associated with the use of illegal drugs. These items include, but are not limited to, rolling papers or cigar wraps that can commonly be used for rolling tobacco, any forms of glass stems that are used for pens, straight shooters or roses, and as it becomes apparent over time, any product that can be primarily used for drugs. What it doesn't say is that those papers are currently used for Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING smoking marijuana and other substances, and what it doesn't say is that those forms of glass stems are used as crack pipes. It also states regarding education and training that AALBA shall assist its members to seek out and successfully complete responsible alcohol management training programs, which essentially means that you have to know when to cut people off. You can't serve people who are visibly intoxicated. Regarding safety and security, it reads, Members' locations that have experienced a high pattern -- a pattern of high levels of criminal activity, as determined mutually by the AALBA and the community groups, shall submit a security response plan to AALBA, including, but not limited to, the use of increased community town watch personnel on a volunteer basis, if available, and/or the deployment of private uniformed security personnel in the immediate vicinity of Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING the licensed premises on a regular and continuous basis if the need arises. That's in their document. The bylaws attached to this document further states that AALBA will, among other things, completely abolish the sale of loose cigarettes, completely abolish the sale of new and unused glass vials, which are frequently used as drug paraphernalia, specifically for the packaging of crack cocaine and PCP for illegal street sales. This is in their document. A security and surveillance video camera that shall be maintained to cover the interior area of the front entrance, seating area, and counter area of the premises. Bathroom use shall be limited to employees and paying customers only. The bathroom shall remain locked at all times in accordance with City health ordinances. A bathroom key shall be provided to a paying customer upon Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING request and upon the discretion of the store manager only. The licensee shall take all necessary and reasonable steps to enhance the percentage of food revenue on the premises, including the immediate advertising of food specials on the menu, the reasonable pricing of food items on the store menu, and the immediate price increase of take-out malt beverages, especially single 40 ounce containers of malt beverages for on and off premises consumption, and the continuing effort to ensure that minors neither purchase nor consume alcohol. The premises shall immediately acquire or maintain an identification verification machine in the front counter area and shall be utilized by all employees whenever a valid identification is requested and produced by the customer.
All licensees and their alcohol serving staff shall immediately undergo Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING and successfully complete the Pennsylvania Liquor Control Board-sponsored Responsible Alcohol Management Program training. A valid certificate of completion shall be posted in a conspicuous location on the premises. Operating hours shall be curtailed. m. m. on Friday night and Saturday night. And so here we have this document signed by the leaders of AALBA acknowledging that their members sell drug paraphernalia, including blunt rappers and crack pipes; acknowledging that their members need better training and to be more responsible regarding serving alcohol; acknowledging that their members sell products, other products, to get you high, cold and allergy medicines, et cetera; acknowledging that their Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING members would hire security guards. My question to AALBA is, how much of this have you done? Some of it? Any of it? I think I have the answer. None of it. You found out you didn't legally have to do it, so you did nothing, except staying the neighborhood get high spot in the area. Here is what you did: You came to Council, Mr. Xu and Michelle, the owners of Wayne Junction Deli, and you brought with you someone that we met in your establishment that admitted he sold loosies in front of the Channel 6 News crew that was with us. And you're the owner of this establishment and the leader of this organization. You created a culture and climate of foolishness in your business and in City neighborhoods. You preyed upon addicts, people with a habit, a dependency that forced them to seek you out. This is not a willing customer. How many lives were destroyed Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING by your encouraging hand? Those who oppose the bill have told me, said to me that I could have blood on my hands. )
And the blood of those that we have lost. How many families have been destroyed by these operations that sell dollar beers to people already intoxicated? We'll never be able to count them, but we all know some of them. By opposing this bill, you stand against the people and the community and you stand with the dealer, no matter what their hue or their ethnicity. A dealer is a dealer is a dealer. And you do all of this for years. Your document acknowledges Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING conversation and work on this issue since 1993. It took 11 years to get AALBA to the table with a document, and then AALBA walked away from this document as quickly as it could. That was 2004. This is 2017, almost '18. This is a 25-plus year journey, and now stop-and-go owners still don't want to change. Do we have to wait another 25 years for change? Maybe 50 years? I think not. This business model is over. It's done. There's only one way for it to go, all of us to go, and that's forward. This bill will conform the City with state law, allowing for enforcement. And times up. We're going to say good-bye to the breakfast booze spots and the like, taking our communities back. You are invited to join us or you can make your decision not to. But what was is just sad. What was in past tense. There's no looking back and there's no going back. There is only going forward. This is a Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING forward march, and we're all going, black, white, brown, Asian. It doesn't matter. We're all going. We're all moving Philadelphia forward, all neighborhoods together. Some are going to walk, some are going to have to be pulled forward, but we're going to stop leaving Philadelphia neighborhoods behind, and it starts now. Thank you, Mr. President. (Standing ovation.)
Thank you, Councilwoman. The Chair recognizes Councilwoman Gym.
Thank you very much, Council President. Anyone who knows me knows how I've long felt about predatory practices that would seek to profit from vulnerable communities. From the establishment of predatory gambling halls that target Asian Americans, for-profit cyber and education management companies seeking to exploit a struggling Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING school system that serves black, brown, and immigrant children, or irresponsible businesses which profit from addiction to substances such as alcohol and nicotine, all are damaging to those who seek to build community with one another. To me, the ways in which communities, intentionally or not, can simultaneously exploit and be exploited is a moral issue as much as it is an economic and neighborhood one. In the matter at hand, let's not forget that this exploitation starts first and foremost with the multi-national cigarette and liquor companies who would exploit black communities and small business owners with one mission: to sell cheap and poisonous products to business owners who are struggling to make ends meet, to black communities who are also struggling to make ends meets. In a world where we can so often and easily be pitted against one another, we must find solidarity Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING together. There is significant pain on all sides of this issue, and that is why this model of business also must change. As Asian Americans, we have a responsibility and obligation to reflect on the legitimate community concerns that have been raised and take action. The denial and/or deflection of that only contributes to rising anger from our neighbors and colleagues. With the current amendment in place, this bill does not require the mandatory removal of protective barriers, and it creates a careful and deliberative process for making decisions that impact the safety of members of all our communities. I want to thank my colleagues and the sponsor of the bill for their work on this amendment. At its heart then, with the amendment in place, this bill is now asking us as a community to take responsibility for changing a business model that contributes to Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING damaging the health of the neighborhoods in which they sit. It is asking us to recognize and reject predatory practices that have hurt black and brown communities and neighborhoods. And our challenge now is to move forward together. While this bill only targets the small fraction of small businesses, however, many Asian Americans have rightly worried about racial innuendo being used to attack Asian small businesses as a whole, resulting in increased hostility and distrust and leaving Asian immigrant communities in particular feeling unjustly targeted and increasingly vulnerable and alone. We have a collective responsibility to reject any level of xenophobia and anti-Asian sentiments that would seek to do such. And I too have been deeply moved by the personal stories I have heard from all sides of this issue, from community members and business owners. I Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING myself have a relative whose family member was shot to death in his place of business. Scapegoating immigrants has become normalized in this national climate, and we have a responsibility as a city to continue to lead the nation in demonstrating how we will work towards unity and greater understanding and fight the ways in which Asian immigrants and other communities can be rendered silent, marginalized, and vulnerable. To the business owners and community members who have reached out with their appeals, I hear you, and I know many of my colleagues on Council do as well.
Please know that I will work with you to ensure that any process moving forward will be inclusive and responsive to needs, that we will bring together multiple City agencies, including L&I, the Police Department, Human Relations, Commerce, and Immigrant Affairs to the table for support and Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING resources to help both businesses and communities improve. I will be voting yes on this bill and committing myself to the responsible execution and implementation. )
I am firmly of the belief that diverse and integrated communities are key to Philadelphia's future and that that future must also be centered around sustainable business practices that see the safety and well-being from the perspective of all its members. It is, as the Councilwoman said, our path forward. It calls us to come to the table with one another and find our way through this, however challenging, together. Thank you.
Please. Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING The Chair recognizes Councilman Greenlee.
Thank you, Mr. President. Quickly I just wanted to say as a member of the Health Committee chaired by Councilwoman Bass, we had a long hearing on this issue. I think everybody agreed on 90 percent of this bill right away. Clearly, as the Councilwoman has pointed out, there has been businesses, way too many businesses, that have been scourges on their communities, just spreading negative problems throughout the whole neighborhood, and I commend Councilwoman Bass for all the work she's done on this. I didn't actually know about the agreement that she pointed out today, but it was -- it also shows -- and some people may not like to hear this. Leadership of groups need to be leaders and not just let things happen, and I think it is hard to not see that the leadership of the business community has Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING not done his job in making sure that the businesses in their group have not been negative to their communities. Now, let me just say personally -- and I expressed this to the Councilwoman at the time -- I would have liked to have seen the whole issue of the glass taken out of the bill. She obviously felt differently. Other people felt differently. So we came up with changes in wording. That's what's called compromises. Originally the bill called for the taking out of the glass immediately. What this amendment does, as Councilwoman Gym alluded to, it gives the Department of License and Inspection three years, until 2021, to get regulations together, provide -- and I'm quoting -- for the use or removal of any physical barrier. I would hope that everybody concerned in this issue would be involved in these discussions and work out something that's amenable to everybody. Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING But, again, the vast majority of this bill takes care of a serious problem in our city, and I will be voting aye. Thank you. (Applause.)
Thank you, Councilman. The Chair recognizes Councilman Oh.
Thank you very much, Council President. I appreciate the efforts of Councilwoman Bass and all of the members. I think many times people think we have an easy job until moments like this. We have to vote on some tough issues, and there's no hiding what you're going to do. I do want to say that I felt very sorry that Councilwoman Bass has experienced some personal attacks. I think we all have, and we all understand what it is to be attacked personally for ideas that we believe in, things that we try to do for the good of our community, Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING but at the end of the day, it gets resolved right here with a vote that's out in the open. On my part, I understand all the issues that were raised. I understand that the issues run deeper than the bulletproof glass, and that is from heartfelt and frustrated citizens on both sides of this issue. The only issue, however, for me in this bill that I disagree with and feel that strongly about is the language that authorizes the L&I Commissioner to promulgate regulations for the use or removal of safety glass before January 1st, 2021. That language to me, if that is not an important part of this bill, I would request be removed, but we have a difference of opinion. There are businesses that are nuisance businesses and they don't have Plexiglas and they continue to be nuisance businesses, and they should be closed. There are businesses that are Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING not nuisance businesses and they have Plexiglas, and they should continue not to deter from complying with the law. I support Councilwoman Bass's efforts. Therefore, although I was not sure about its implementation and I'm not still sure, but I voted for her nuisance business law, with the hope and desire that Councilwoman Bass and all of us could work to ensure that there was due process. That unprecedented bill gives the City the power it never had before and it is still unfolding right now. Three strikes and you are out. Three strikes. It could be loitering. It could be urination. It could be trash. Three strikes, with no effort to work with the police and the community, you lose your business license. It doesn't matter what kind of business you are. And I voted for Councilwoman Bass's bill, and there was no complaint from the community, this community. And then as State Representative Raab pointed to and Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING State Senator Sharif Street alluded to in testimony, the state promulgated a law, unprecedented, that the Governor signed just a few weeks ago with Mayor Kenney and Council President, many of the members here, almost every State Rep, State Senator, and Congressman Dwight Evans, perhaps others. And that again gave unprecedented power to the City indirectly to contact the state and suspend immediately a business that was licensed to sell alcohol that was in violation. And here a third bill is presented, and I don't -- I have not heard anyone speak against it, except for one portion and, that is, taking down safety glass. The people who have testified have testified about their life and their safety. If we pass this bill and L&I does, maybe they won't, but so far at least in sworn testimony or at least testimony -- it's not sworn -- here in a hearing, the L&I Commissioner said Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING unequivocally that any restaurant 30 seats or more that sold alcohol that had Plexiglas or safety glass was in violation of the Zoning Code, he would require that they take it down. If we take down the safety glass, they're not changing their business model. They're not moving. What they will do is purchase firearms. I think that is a worse situation than what we have today. If they're in violation, if they're -(Applause.)
If they're in violation, if they're not in compliance, then they should be shut down, and they have supported these laws, but the reason they're here today is because they're concerned for their life, their loved ones, their customers, and their stores. I have no problems supporting anything that has to do with compliance, closing businesses. If there are 27 stop-and-go's in Councilwoman Bass's Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING district that are in violation, then close them all. If they're not in violation, then we cannot close them, but what I would say is taking down a safety measure that is purely defensive to me would increase crime. I think about the fact that the store owners who don't have safety glass are typically armed in these types of businesses. They don't all have safety glass. The ones who have safety glass are not armed, but they are -- they've put their faith in the safety glass. If you take it down, they may be armed, and I think it's a dangerous thing to have a frightened person with a firearm. What I would consider in this situation is to what extent people are angry and frustrated, even rightfully so, but I would not expose anyone to harm of body or life even if they're a nuisance business. We need to be about shutting them down, getting them to compliance, closing them, but I would not expose them Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING or anyone else to the risk that they would be killed or someone who kills someone else. Thank you. (Applause.)
Thank you, Councilman. The Chair recognizes Councilman Taubenberger.
Council President, thank you very much. To my colleagues and to the folks that are here today on both sides of the issue, this is a gut-wrenching decision. When it comes to personal safety, I'm very much for personal safety. We all need it. We want it. We desire it. It's a human right. But to be very blunt about it, when you run a store where people are drunk already, that are not paying attention to rules and regulations that already exist and, in some cases, thumb their those at the whole procedures, the fact that the Committee Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING on Health, Public Health, that I serve on, along with colleagues led by Councilwoman Bass, spent a considerable amount of time on this very issue. After reaching that agreement, the fact is it's a different bill. Scare tactics have been used and said the glass is coming out. Well, when you really look at the language, it's continued use or removal. So I think both sides of the issue can discuss this further. So after much deliberation, going out into the field itself, talking to store owners, talking to neighborhood representatives, I join Councilwoman Bass in voting aye for this bill. (Applause.)
Thank you, Councilman. The Chair recognizes Councilman Domb.
Thank you, Council President. I want to thank Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING Councilwoman Bass for bringing this issue to light, because it is a problem. And for those out there attempting to spin this issue to undermine Councilwoman Bass or make an attack on her character, it is wrong and unacceptable, and no one should tolerate that. I am sorry that that's happening. The word "deli" is an abbreviation from the word "delicatessen," and I should know that because I own a delicatessen called Schlesinger's, and we don't have any alcohol in this delicatessen or deli. We have food. We have corned beef, we have pastrami, we have turkey specials and latkes right now. But this week on Tuesday I took a tour of five of the stop-and-go's in this area, 2200 North Broad -- and they're all called delis, by the way -2856 North 22nd, 2708 West Allegheny, 4523 Wayne, and 4900 Wayne, and I didn't see any delicatessen that I am familiar Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING with in those locations. What I did see was selling of alcohol and it's like liquor stores, and many of them are violating the laws. In fact, the last one I went to barely had a menu to order food from. I went into each one of them and asked for food. I'm in favor of this bill, but my issue is one paragraph and, that is, letter (g). But I am in favor of the bill, but not with Paragraph (g) in there. I wanted to share with you my thoughts on this, because I will be voting no, only because of Paragraph (g). Everything else I'm 100 percent in agreement with. (Applause.)
Thank you, Councilman. Councilwoman, I'm going to call the other two members first. The Chair recognizes Councilman Green. Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING
Thank you, Council President. I want to thank Councilwoman Bass for her work on this legislation. I want to thank Councilwoman Blackwell for her years of work on this legislation. As we were in the Public Health and Human Services Committee, there was a very rigorous and robust debate regarding the public safety issue contained in this legislation, and the compromise that we worked together on dealt with an opportunity to have a conversation going forward to address the public safety concerns that business owners have but, at the same point, use this new tool that was passed in the General Assembly to really address some of the nuisance businesses in our communities. And I think the unfortunate aspect of some aspects of this debate, that we're losing the opportunity to discuss and use the process of using the regulation as a way to address both sides. Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING One thing that has not been stated in this conversation as we were coming up with this compromise, we talked about other jurisdictions that have protective glass around a cash register or a cash area of the business, as well as having an open area where food is served. So I think there is an opportunity here to discuss this issue through the regulatory process of drafting regulations to come up with a process that addresses the public safety concerns, which are real concerns. However, the issues that Councilwoman Bass has raised and others in this body have raised and people in the communities throughout Philadelphia have raised over the years is also very important. So although I've raised this issue and I know other members have raised this issue, I'll be supporting this legislation, but just because I'm supporting this legislation does not mean I'm not ignorant of the fact of the Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING public safety concerns, and I think all the members of this body as well as others -- I've had numerous conversations with the Administration on how we work together on the regulations to address the public safety concerns on this matter. Thank you.
The Chair recognizes Councilwoman Reynolds Brown.
Thank you, Mr. President. I too am compelled to speak out in favor of this bill and state clearly why. Councilwoman Bass very thoughtfully and cautiously and carefully gave us context. This is not a five-year-old problem. This is not a ten-year-old issue. It's a 25-year-old community issue. And we live in a world Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING where it's not a perfect world. This is not a perfect bill. She has stipulated that. The good news is that L&I will be the next arbiter, if you will, police officer, if you will, that will have an enormous responsibility to speak to the number one, number two, number three issue, the issue of safety. Councilwoman Bass laid out very, very carefully that the frequency and the high volume of these type of establishments in underserved, disenfranchised communities is unacceptable. This is a fix towards or a remedy towards that reality, but I am -I'm actually encouraged and lifted by the passion by which she has approached this issue. It's people who look like me and other poor residents of our communities who ultimately get the downside of what this bill signifies. So kudos to Councilwoman Bass, and thank you Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING to Councilwoman Blackwell for setting the stage for an issue that today needs to be dealt with head on. Thank you, Mr. President.
The Chair recognizes Councilwoman Quinones-Sanchez.
Thank you, Mr. President. I too feel compelled to add my voice to this, and I want to thank Councilwoman Bass in particular for her willingness to work along the different members of the Committee to get to a place where we could put forth an amendment that would help us establish a process. Let's talk about process, because it's hugely important. Today's vote is not the end, but it should really be a continuation of a conversation about how the City of Philadelphia views our Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING small businesses, our ethnic small businesses, and how it addresses public safety and racial issues in our neighborhoods. Let me say for the record that I think it is hugely important that the City and in particular the Department of Commerce and, as Chair of L&I, the Department of License and Inspections for us to move the conversation about what we don't want and to move the conversation about what we need. We need an agenda for small businesses that is thoughtful, forthright, and helps businesses by providing them technical assistance as these business models that we're all against change and evolve with our communities. We need to be clear about incentives for businesses around public safety, physical location, signage, all of the things we debate in this Council floor all the time. And, more importantly, let us not waste this Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING opportunity to use our Human Relations Commission and others to have the deep-rooted conversations that have been amplified through this debate. So I want to thank Councilwoman Bass, Councilwoman Gym, and others who come forward and say this is not the end of a conversation, but a commitment for us to work forward in all neighborhoods about businesses and how we promote better relationships. I'm ready for that challenge, and I look forward to working with everyone on both sides of this issue to reach that goal. Thank you, Mr. President.
Thank you, Councilwoman. The Chair recognizes Councilman Jones.
Thank you, Mr. President. I really got a flashback when Councilwoman Bass read that agreement, because I kind of remember in another life being at the Philadelphia Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING Commercial Development Corporation with Wilson Goode on 60th Street talking about these issues when Councilwoman Blackwell brought it up. That is not the compelling reason why I will be supporting you today. I have other than Council duties, every now and then I get called on to be a pop-pop, and my job is to take my granddaughter from my district to Mathematics and Science on Broad Street, and in this particular time, one of my responsibilities was to get her lunch. I went in store after store, deli after deli and could not find a wholesome meal for my granddaughter. What I did see was hood wraps right next to the M&M's. What I did see was a dangerous environment where people who should have been on their way to work were on their way to get a drink. My granddaughter, everyone's granddaughter here deserves better than that, that we deserve what is a thing Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING called customer service. And that when you make a bet or a wager or a guess when you walk out of your door, what will you find first, a vegetable or fruit, a book or a gun, you're more than likely in many zip codes to find a gun. What we have to do is raise our standards and raise our standards because we deserve it, raise our standards also and keep those business partners safe. But you do that by not building walls. You do that by building bridges to the community. Whether you're at 60th and Market in my district or K&A, you see the same kind of things happening. Thank you, Councilwoman Bass, for forcing us to take a hard look at a business model. The final thing is what Councilwoman Sanchez says. Do not let this be a missed opportunity to come to the table to build a better model, because that's what should be the next step. We should not be on our way to the Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING gun store. We should be on our way to the negotiation tables to figure this thing out. So I will be supporting Councilwoman Bass. (Applause.)
Thank you, Councilman. The Chair recognizes Councilwoman Bass.
Thank you, Mr. President. Number one, I wanted to thank all of my colleagues and I want to thank them for those who are supporting and not supporting the bill, for coming to my aid regarding any personal attacks, but I'm a North Philly girl, so I'm good. I'm not even -- I know who I am, so, you know, you could say what you want to say. But I do want to say to my friend David Oh that you can't say that you're sorry for the attacks that I have and at the same time give misinformation. Because one of the things that was stated Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING today was that L&I Commissioner David Perri, who is an excellent Commissioner, said he'd remove Plexiglas, and we had this conversation yesterday. That statement was made before the compromise. So we have to put out the correct information at all times. When we know better, we have to do better, and we have a responsibility as members of Council for making sure that the information as presented is correct. (Applause.)
So I just wanted to say that going forward, we need to stop quoting previous comments that were made before the compromise, before the bill was amended, because obviously what was said before has changed based on the new legislation. So thank you. (Applause.)
Thank you, Councilwoman. Councilman Oh. Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING
Thank you very much. I appreciate that, Councilwoman Bass, and let me say that I too have a perspective, perhaps a different one. When we had the hearing, almost 150 citizens were turned away, members of the Asian American community. They could not get in the door. They were left outside in the cold, senior citizens and children. They were told they could not sign in. They were told the room was full. They were told they couldn't come up the steps. We didn't know what to do with them. And so we prepared today. When they were up in the balconies, they were told you couldn't show your signs. And when they were at the hearing, they have limited English. And there was an hour break, and this group of business people was hoping for an amendment. The amendment would be to take out the language that would force them to remove their safety glass. (Applause.) Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING
And what happened was, the Council Committee came back and announced the amendment, and they all applauded. What they didn't know was that the Council Committee, the amendment changed the wording but kept the content. The content is the same, and whatever conversation the L&I Commissioner had with anyone, it certainly wasn't public. It wasn't recorded, and I didn't hear it. What I do have is his transcript where he said very clearly that no restaurant with 30 seats or more should have safety glass and that he would take it out, and beyond that, it's a violation of the Zoning Code. So I'm pretty sure he intends to take it out. That may change. That may change. But what I would say is whether you say the number ten or you say five plus five, it's the same thing. And to me, what was done was language changed, content kept and it was pushed off on our L&I Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING Commissioner, and the people in this room, most of them who don't speak English very well, did not know what happened, and they left applauding and clapping. Now, that's my perspective. We're talking about working together. That's the only choice that there is left, and I hope it's a productive one, because at the end of the day, I do think that it is better for us to look forward how we can work together positively. We have some sharp differences, but we should try to come together for the good of the community. Thank you. (Applause.)
Yes. Mr. President, thank you. Listen, I don't want to keep this debate going. I think we all know where we're going here, Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING but I have to say with all due respect to Councilman Oh, I take great disagreement to say that that amendment basically meant nothing. I think it was significant. Again, I'll repeat, if it was all up to me, I would have taken that whole section out. Other people had a difference of opinion. We did spend an hour meticulously going over that wording. We can all have a little -- we could change words all over the place, but I firmly believe that there's a huge difference between saying something is supposed to come out right away and saying that we're going to take as much as three years to try to promote regulations for the use or removal, use or removal. I think I'm smart enough to know that's a big difference between remove the glass. And I'm not trying to get upset up here, but I don't think we should miscast work that this Committee did to try to work this situation out. So I'll leave it at that. Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING Thank you, Mr. President. (Applause.)
Thank you, Mr. President. I too want to lend my voice in hailing the historic work of Councilwoman Jannie Blackwell and Councilwoman Cindy Bass's efforts to move us forward on this issue. I want to state, Mr. President, that when we just finished a debate last year relative to revenue generation in this city -- and during that time it was about the beverage tax -- we heard an argument about the overwhelming impact that this tax was going to have on low-income communities, and during that time, some may remember that I became visibly frustrated and angered, and I said every time we're talking about a low-income community or wherever people live where there's a lower socioeconomic status, we are talking about them as if Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING they are consumers. We are never talking about them from the perspective of why don't they own the neighborhood corner stores in the neighborhoods that they live in. (Applause.)
With that being said, I too want to note for the record that if we allow the opportunity to re, sort of, encourage and reeducate people in our neighborhoods about the importance of accessing ownership and control of land and businesses in their community so that they can begin to do what was done when many of these neighborhoods were in much better shape than they are now years ago. It's my hope that we will look at existing City resources. Councilwoman Quinones-Sanchez, I think you hit the nail on the head when you talked about Commerce, when you talked about PIDC. We need to make sure we're using the Community College of Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING Philadelphia's Power Up program that is free, and any resident in the City of Philadelphia who is interested in owning a business, if they have one, if they want to start one, they can get those services for free right now. In addition to that, I want to close and just note that this is about the dignity of a consumer. Because I don't care what the socioeconomic status is in the neighborhoods where the people who live who patronize these stores are. Let me dare say this: We live in a capitalistic society and, listen, if it didn't make dollars, it wouldn't make good economic sense to be there for an individual to own a business or either a resident to patronize a business. So now let's hope that citizens in these very neighborhoods where there are high concentration of these types of stores, let's hope that we are directing resources and information to them so that they're beginning to think about how can Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING we who live here own the corner store in the neighborhood that we keep alive through our tax dollars. Thank you, Mr. President. (Applause.)
Thank you, Councilwoman. The Chair again recognizes Councilman Oh.
Thank you very much, Council President. I will just say that, Councilman Greenlee, you and I will disagree. I respect your perspective, but I can read and I am an attorney and I do have my own opinion. So we'll just disagree on that fact. I will also say that many of the store owners do live in the community, and if they are in fact running a business that is poorly managed or hurtful, then they should be closed, and that has been my point. The vote we're going to take has to do with just the issue of whether Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING or not the safety glass will stay up or come down, and the Councilmembers have, I believe at this point in time, all come to a conclusion, but I do see, as was said by many people, particularly in support of Councilwoman Bass's bill, that there is misunderstanding. I would like to point out that many of the people who own businesses have no other employment opportunities. They don't have a retirement plan. And the businesses are oftentimes barely profitable, if profitable. (Audience member talking.)
So you can open one. Go ahead. You can open one, get your money together, go open one and work the hours.
We're not having that. Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING
-- working those hours. So it's easy to look at others and imagine that their life is easier and better, and for that resentment that you have, you would like to take down -(Audience member talking.)
So that's for you to find out. What I will say is that when I hear people say things that I believe is one of the basis for their frustration, that I would say that it is not correct; that the businesses that barely make any money, they generally have one or two people working the stores, usually a family member, and the businesses that can hire do hire. And not every store Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING that is Asian owned has the name Garden Dragon or chains. There are many Asian-owned businesses that hire many people in the community. They don't have a name that you would recognize as Asian because they have -- they were born in America. They're successful. Those resources are put into the community. Those jobs are created. And in that process, I think it is important that we do get to know each other. Thank you.
Thank you very much. I just want to reiterate what Councilman Greenlee said. I was there as well. We worked very hard on a compromise, very, very, very, very hard, and continued use or removal, the word "continued use" was never in the original Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING bill. It is now because the Committee worked together. And I'm going to have to be very blunt about this. Continued misinformation that Councilman Oh has given does neither side any good. I thank you very much.
Thank you, Council President. I'd like to call this meeting to order and point of order, if we could call this bill and ordinance up for a vote, please.
Okay. The title has been read on Bill No. 170963. Mr. Decker, please call the roll. Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING Oh, I'm sorry. I forgot what I was supposed to say. It's been so long. This bill has been heard on two separate days. The question is shall the bill pass finally. Mr. Decker, now call the roll.
Councilman Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING Johnson.
Aye. Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING
Aye. The ayes are 14; the nays are three. A majority of members present voting in the affirmative, the bill passes. (Applause.)
We have a couple other bills to run. Thank you. Mr. Decker -- folks, a little quiet. We have some more business to take care of, if you please. Mr. Decker, read the title of 170849.
Bill No. 170849-A, entitled "An ordinance amending Section 17-1603 of The Philadelphia Code, entitled 'Economic Opportunity Plans: Contents,' to require the provision of information relating to prior history of meeting goals established in connection with City contracts and the prior history Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING of related corporate entities." (Pause.)
We're going to continue. The members are here. Mr. Decker, read that title again just to make sure everybody heard it.
Bill No. 170849-A, an ordinance amending Section 17-1603 of The Philadelphia Code, entitled "Economic Opportunity Plans: Contents," to require the provision of information relating to prior history of meeting goals established in connection with City contracts and the prior history of related corporate entities.
This bill has been heard on two separate days. The question is shall the bill pass finally. Mr. Decker, call the roll.
Councilwoman Bass. Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING
Councilman Oh. Stated Meeting December 14, 2017 12/14/17 - STATED - 2ND READING