COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON LICENSES AND INSPECTIONS Room 400, City Hall Philadelphia, Pennsylvania Wednesday, September 22, 2010 1:40 p.m. PRESENT: COUNCILWOMAN MARIA D. QUINONES-SANCHEZ, CHAIR COUNCILMAN DARRELL CLARKE COUNCILMAN BILL GREEN COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN JACK KELLY COUNCILWOMAN JOAN KRAJEWSKI BILL 100288 - An ordinance amending Chapter 15 9-600 of The Philadelphia Code, entitled "Service and Other Businesses," by amending Section 9-613, entitled "Junk Dealers," by requiring Junk Dealers to obtain from each customer a photocopy of valid government issued photo identification pursuant to each business transaction. - - - 2
Thank you. I want to call to order the Committee on Licenses and Inspections. With a quorum being established, to my far right Councilman Bill Green, Councilman Bill Greenlee. To my left, Councilman Jack Kelly, who is on the Committee, and the bill sponsor, Councilman Darrell Clarke. Will the Clerk please read the title of the bill.
Bill No. 100288, an ordinance amending Chapter 9-600 of The Philadelphia Code, entitled "Service and Other Businesses," by amending Section 17 9-613, entitled "Junk Dealers," by requiring Junk Dealers to obtain from each customer a photocopy of valid government issued photo identification pursuant to each business transaction.
Thank you. Councilman Clarke, the sponsor of the bill, comments, please. 3 9/22/10 - L&I - BILL 100288
Thank you, Madam Chair, and I thank you for allowing me to make brief comments on the bill. First, I would like to say that what we don't want to do is cast aspersions about the number of salvage dealers throughout the City of Philadelphia. We believe that most of them are good businesspeople that abide by the law. And the other thing is that we don't want to create a burdensome process for people who are legitimately getting refuge or bringing in materials that are essentially stuff that has been discarded. But there is a problem, and has been for a while, where there are a number of people -- and we found out that there is actually in some instances an organized effort to take materials from homes, from vehicles, from other places, sometimes within the homes, and they are stealing them from individuals and property owners and they're taking that 4 9/22/10 - L&I - BILL 100288 to salvage yard owners and selling them. And these materials are obviously stolen. There's not what we believe to be a mechanism in place that first would require that these people that are making these sales are legitimately the owners of the property, that property that they are selling, and we believe that this bill will give us, the City and particularly the Police Department and the Department of License and Inspections, a mechanism that will, in the event that there is stolen material either found or reports of stolen material, gives them an opportunity to find out who the culprit was. So while this may be a small burden to salvage yard owners, we feel that this is a reasonable approach to try and ensure that we do away with these people stealing from individual homes and companies and properties and vehicles and all of the other places that they're taking material and ensure that we know 5 9/22/10 - L&I - BILL 100288 who is selling these products to these salvage owners. So I want to thank you all for hearing this bill and would hope for your full support.
Thank you. I want to recognize that Councilwoman Joan Krajewski, Vice-Chair of the Committee, is also present. I also sent this bill to many of the salvage companies that I have in my particular district. We did not hear back from them with any opposition, so hopefully we will get through this very quickly. I want to call Mr. Otis Haigler from L&I and Lieutenant Francis Healy to come forward with their testimony, and then I believe we just have Lisa Caulfield. If there's anybody else here who has come to testify, let us know. (Witnesses approached witness table.) 6 9/22/10 - L&I - BILL 100288
Good afternoon, Chairwoman Sanchez and members of the Committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today I'm here to provide testimony on Bill 100288, which, if enacted, will amend Section 9-613 of The Philadelphia Code to require that the operator of junk shops must request and record certain forms of identification from individuals seeking to transact business. The bill further amends the penalty provisions with regard to violations of this Section of the Code to classify such violations as Class II offenses subject to court-imposed fines of up to $1,000 for each offense. The proposed bill will have no 23 impact on the Department of Licenses and Inspections and, therefore, we offer no 25 objections to its enactment. 7 9/22/10 - L&I - BILL 100288 Thank you for the opportunity to provide the testimony for the Department. I'll be happy to answer any questions.
Thank you. We'll proceed with Lieutenant Healy. LIEUTENANT HEALY: Very quickly, Lieutenant Healy from the Philadelphia Police Commissioner's Office. Again, thank you for allowing the Police Department to voice its opinion. We are actually a proponent for pushing this type of legislation for the very reasons the Councilman indicated. We fully support it, but I'd also add not only is it reasonable, it's consistent with other provisions in the statute regarding precious metals and the other legislation regarding pawn shops. So the same type of identification is required for all three type of entities. Therefore, not only is it reasonable, 8 9/22/10 - L&I - BILL 100288 it's consistent throughout the Code. For those reasons, the Department would fully support enactment of the bill. Thank you.
Thank you, Lieutenant Healy. Any comments from the Committee for our witnesses? (No response.)
Seeing none, if we can have Lisa Caulfield from the DA's Office. Is she still here? (No response.)
Okay. No one here wishing to testify upon this bill, I call on Councilman Kelly on the amendment to Bill 100288.
Thank you, Madam Chair. I move that the amendment to Bill No. 100288 be moved out of this 9 9/22/10 - L&I - BILL 100288 Committee. (Duly seconded.)
Oh, I'm sorry. I didn't move into the public meeting. We've ended our hearing session and we're going into the public meeting. My apologies. Councilman Kelly, your motion.
Yes. Madam Chair, I move that the amendment to Bill 13 No. 100288 be approved by this Committee. (Duly seconded.)
Thank you. Councilman Greenlee for a motion on the amended bill.
Thank 10 9/22/10 - L&I - BILL 100288 you, Madam Chair. I move that Bill No. 3 100288, as amended, be reported out of this Committee with a favorable recommendation and the rules of Council be suspended to allow for first reading at our next session of Council.
Bill 18 100288, as amended, will be moved out of the L&I Committee with a favorable recommendation and the rules of Council be suspended to allow first reading at our next public session. Thank you very much all for your patience. That concludes the L&I hearing. 11 9/22/10 - L&I - BILL 100288 (Committee on Licenses and Inspections concluded at 1:50 p.m.) - - - 12 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on September 22, 2010, and that this is a true and correct transcript of same. -------------------- MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)