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Minutes

Stated Meeting, May 28, 1998

Philadelphia City CouncilMay 28, 1998

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

Councilman Kenney

I move that the rules of Council be suspended so as to permit first reading of Bill No. 970092, 970395, and 970778 today. Also the committee seeks the immediate adoption of Resolution No. 980251. (Duly seconded.)

President Street

All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The rules are suspended. Bill No. 970092, 970395, 970778 will be added to our first-reading calendar today. The Chair recognizes Councilman Kenney for a motion on Resolution No. 980251.

Councilman Kenney

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

President Street

All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The resolution is STATED MEETING - COMMITTEE REPORTS adopted. The Chair recognizes Councilwoman Verna for the Committee Report from the Committee on Finance.

Councilwoman Verna

Mr. President, the Committee on Finance reports two bills out of committee with a favorable recommendation.

President Street

The Clerk will please read the report.

Chief Clerk Hauser

To the President and Members of the Council of the City of Philadelphia, the Committee on Finance, to which was referred Bill No. 980405, an ordinance amending an ordinance approved April 2, 1998 relating to the capital program for the six fiscal years 1999 through 2004, inclusive, by transferring from Fiscal 1998 to Fiscal 1999 projects and amounts in various departments and by adding, increasing, and/or decreasing projects and amounts in various department. Bill No. 980406, an ordinance amending an ordinance approved April 2, 1998 relating to the fiscal 1999 capital budget by transferring from fiscal 1998 to fiscal 1999 projects and STATED MEETING - COMMITTEE REPORTS amounts in various departments and by adding, increasing, and/or decreasing projects and amounts in various departments. Respectfully reports that it has considered the same and returns the attached bills to Council with a favorable recommendation.

President Street

The Chair recognizes Councilwoman Verna.

Councilwoman Verna

Mr. President, I move that the rules be suspended so as to permit first reading of Bills No.'s 980405 and 980406. (Duly seconded.)

President Street

All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The rules are suspended. Bill No. 980407 and 980406 will be added to our first-reading calendar today. Would Councilman DiCicco please approach the Chair. Please bring your little card. (Laughter.) (Councilman DiCicco approaches the Chair.) STATED MEETING - COMMITTEE REPORTS

President Street

The Chair recognizes Councilman DiCicco for the report of the Council Committee on Streets and Services.

Councilman Dicicco

Thank you, Mr. President. The Council Committee on Streets and Services reports 30 bills out of committee.

President Street

The Clerk will please read this report. Councilmembers will please stay awake. (Laughter.)

President Street

The Chair recognizes Councilwoman Krajewski. (Councilwoman Krajewski responds inaudibly off-mike.)

President Street

I'm sorry, I apologize. Councilwoman Krajewski requested to be recognized, and I got so caught up in the committee reports that I lost my mind. The Chair recognizes Councilwoman Krajewski.

Councilwoman Krajewski

I haven't had this much attention since I ran for Council. Mr. President, I would like to have a request from the Chair that I be excused. But I STATED MEETING - COMMITTEE REPORTS would like to request that I vote on all bills and resolutions and amendments in the affirmative. Thank you, Councilman.

President Street

Thank you very much. Leave will be granted.

Councilwoman Krajewski

Thank you very kindly.

President Street

Now the Chair recognizes Councilman DiCicco for the report of the Council Committee on Streets and Services .

Councilman Dicicco

Thank you, Mr. President. The Committee on Streets and Services reports 30 bills out of committee.

President Street

Please read the report.

Chief Clerk Hauser

To the President and Members of the Council of the City of Philadelphia, the Committee on Streets and Services, to which was referred: Bill No. 980120, an ordinance authorizing Hard Shell Cafe, located at the northeast corner of Ninth and Market Streets, Philadelphia, Pennsylvania, to construct and maintain an electrified marquee projecting from STATED MEETING - COMMITTEE REPORTS the facade of The Gallery at Market East over the footway of Ninth Street and Market Street, under certain terms and conditions . And Bill No. 980146 an ordinance authorizing Boyd's Philadelphia to construct and maintain a canvas canopy a minimum of nine feet above the footway of the facade of 1818 Chestnut Street. And Bill No. ) and Marian Wolgen, husband and wife, owners of the property located at 1811 Delancey Street, Philadelphia, Pennsylvania, to construct and maintain a garden terrace over a portion of the south footway of Cypress Street. And Bill No. 980165, an ordinance authorizing Robert Farrell, owner of the property located at 6300 Torresdale Avenue, Philadelphia, Pennsylvania, to construct and maintain a canopy roof over a portion of the north footway of Robbins Avenue. And Bill No. ), owner of the property located at 4200 Shellmeyer Street, STATED MEETING - COMMITTEE REPORTS Philadelphia, Pennsylvania, to construct an encroachment. And Bill No. ) and Louis Gentile, owners of the property located at 1547 through 49 South 13th Street, Philadelphia, Pennsylvania, to construct an encroachment. And Bill No. 980192, and ordinance authorizing the revision of lines and grades on a portion of City Plan No. 119 by striking from the City Plan and vacating a portion of Harper Street from 10th Street to 12th Street. And Bill No. 980210, an ordinance establishing a parking regulation on Dorcus Street, east side, Cottman Avenue, to a point 75 feet north of Cottman Avenue. And Bill No. 980229, an ordinance regulating the direction and movement of traffic on Carpenter Street from Broad Street to 15th Street. And Bill No. 980237, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 164 by striking from the City Plan and vacating Morris STATED MEETING - COMMITTEE REPORTS Street from Beech Street to Allen Street. And Bill No. 980243, an ordinance authorizing the placing on City Plan No. 382 of Anna Drive from Worthington Road at a point approximately 173 feet south of Michelle Drive. And Bill No. 980244, an ordinance authorizing the paving of Anna Drive. And Bill No. 980269, an ordinance authorize Patricia Wallace, owner of the property located at 7027 West Passyunk Avenue, Philadelphia, Pennsylvania, to construct and maintain a deck. And Bill No. 980272, an ordinance authorizing Jose Rodriguez, owner of the property 7101 Rutlin Street, Philadelphia, Pennsylvania, to construct and maintain a side deck. And Bill No. 980276, an ordinance authorizing Richard Miller and Laura Miller, his wife, owners of the property located at 3470 Amber Street, to construct and maintain a one-story masonry garage addition. And Bill No. ) Partnership to construct and maintain an illuminated marquee a STATED MEETING - COMMITTEE REPORTS minimum of 12 feet, 4 inches above the footway in front of the facade. And Bill No. " And Bill No. 980310, an ordinance authorizing the paving of Depew Avenue and Lindenhurst Street, under certain terms and conditions. And Bill No. 980313, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 194 by striking from the plan and vacating a portion of Reese Street. And Bill No. 980336, an ordinance granting permission to level Three Communications LLC, a Delaware limited-liability company registered to do business in Pennsylvania, and its successors, assignees, and agents to construct, maintain and operate, replace and remove a telecommunications system. And Bill No.

Chief Clerk Hauser

980337, an ordinance granting permission to Next Link of Pennsylvania LP, registered to do business in Pennsylvania, and STATED MEETING - COMMITTEE REPORTS its successors, assignees, and agents to construct, maintain and operate, replace and remove a telecommunications system. And Bill No. 980338, an ordinance authorizing the Crime Prevention Association of Philadelphia, 230 South Broad Street, owner of the property located at 2407 and 2419-37 South Broad Street, to construct and maintain one electrified marquee. And Bill No. 980339, an ordinance authorizing the Crime Prevention Association of Philadelphia, 230 South Broad Street, owner of the property located at 2407 and 2419-37 South Broad Street, to construct maintain various encroachments. And Bill No. 980340, an ordinance authorizing Harry Sarkissian, owner of the property located at 604-606 South Third Street, Philadelphia, Pennsylvania, to construct and maintain two electrified signs projecting from the facade of the building at 604-606 South Third Street. And Bill No. ), owner of the STATED MEETING - COMMITTEE REPORTS property located at 604 through 606 South Third Street, Philadelphia, Pennsylvania, to construct various encroachments onto and over the south footway of South Street and the west footway of South Third Street. And Bill No. 980373, an ordinance authorizing the revision of lines and grades of City Plan No. 123 by striking from the City Plan and vacating Watts Street from Susquehannah Avenue to Diamond Street.

President Street

Was that 980373?

Chief Clerk Hauser

That's what I have, Mr. President.

President Street

Okay, thank you. Please continue. Bill No. 980374, an ordinance authorizing Dem Corp. II LP, 2006 Sansom Street, Philadelphia, to maintain an electrified marquee attached to the property located at 2010 through 12 Sansom Street. And Bill No. 980376, an ordinance granting permission to IXC Carrier, Inc., a Nevada corporation to do business in Pennsylvania, and its successors, assignees, and agents to STATED MEETING - COMMITTEE REPORTS construct, maintain and operate, replace and remove a telecommunications system. And Bill No. 980377, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 308 by relocating the southerly curb line of Rodman Street from Ninth Street to Tenth Street.

President Street

Did the Clerk read Bill No. 980375?

Chief Clerk Hauser

I don't remember reading this one. Bill No. 980375, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 308 by striking from the City Plan and vacating Rosewood Street from Spruce Street to Delancey Street.

President Street

The Chair recognizes Councilman DiCicco.

Councilman Dicicco

Thank you, Mr. President. The Chair moves that the rules of Council be suspended so as to permit first reading on all bills read into the record, except for Bill No. 980210, 980237, 980243, 980244, 980310, and STATED MEETING - CALENDAR CONSIDERATION 980373.

President Street

Is there a second? (Duly seconded.)

President Street

All those in favor, let it be known by saying aye. Those opposed, say nay. The ayes have it. The rules are suspended. The following bills will receive first reading today: 980120, 980146, 980162, 980165, 980166, 980169, 980192, 980299, 980269, 980272, 980276, 980302, 980309, 980313, 980336, 980337, 980338, 980339, 980340, 980341, 980374, 980375, 980376, and 980377. Thank you very much.

President Street

The next order of business is the consideration of the calendar. The Chief Clerk will read the bills on the first-reading calendar.

Chief Clerk Hauser

Bill No. 980301, an ordinance creating the Cecil B. Moore Avenue Tax Increment Financing District.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980304, STATED MEETING - CALENDAR CONSIDERATION an ordinance amending an ordinance approved July 5, 1997, which created the City Hall Annex Tax Increment Financing District.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980305, an ordinance amending an ordinance approved July 5, 1997, which created the PSFS Tax Increment Financing District.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980306, an ordinance amending an ordinance approved July 5, 1997, which created the Penn's Landing Tax Increment Financing District.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980307, an ordinance amending an ordinance approved July 5, 1997, Bill No. 970240, which created the Reading Terminal Head House Tax Increment Financing District.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980238, an ordinance approving the plan, estimated costs, and proposed method of charges of the Old City Special Services District of Philadelphia. STATED MEETING - CALENDAR CONSIDERATION

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 970092, an ordinance amending Title 14 of The Philadelphia Code entitled "Zoning and Planning" by amending Section 14-1805.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 970395, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Elsworth Street, Broad Street, Snyder Avenue, and 16th Street.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 970778, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Snyder Avenue, Broad Street, Oregon Avenue, and 18th Street.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980405, an ordinance amending an ordinance approved April 2, 1998 relating to the capital program for the six fiscal years 1999 through 2004, inclusive. STATED MEETING - CALENDAR CONSIDERATION

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980406, an ordinance amending an ordinance approved April 2, 1998 relating to the fiscal capital budget by transferring from fiscal year 1998 to fiscal 1999 projects and amounts in various departments.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980146, an ordinance authorizing Boyd's Philadelphia to construct and maintain a canvas canopy.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980162, an ordinance authorizing Norman Wolgen (ph.) and Marian Wolgen, husband and wife, owners of the property located at 1811 Delancey Street, to construct and maintain a garden terrace.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980165, an ordinance authorizing Robert Farrell, owner of the property located at 6300 Torresdale Avenue, to construct and maintain a canopy.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980166, an ordinance authorizing Walter Jetski, owner of STATED MEETING - CALENDAR CONSIDERATION the property located at 4200 Shellmeyer Street, to construct and maintain a one-story wooden-framed addition.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980169, an ordinance authorizing Frank Borda and Lou Gentile, owners of the property located at 1547-49 and South 13th street, to construct and maintain a one-story masonry building.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980192, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 119 by striking from the City Plan and vacating a portion of Harper Street.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980229, an ordinance regulating the direction and the movement of traffic on Carpenter Street.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980269, and ordinance authorizing Patricia Wallace, owner of the property located at 7027 West Passyunk Avenue, to construct and a maintain deck. STATED MEETING - CALENDAR CONSIDERATION

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980227, an ordinance authorizing Jose Rodriguez, owner of the property located at Rutlin Street, to construct and maintain a side deck.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980276, an ordinance authorizing Richard Miller and Laura Miller, husband and wife, owners of the property located at 3470 Amber Street, to construct and maintain one-story masonry garage.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980302, an ordinance authorizing the Sanmore (ph.) Partnership to construct and maintain an illuminated marquee.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980309, an ordinance authorizing the changing of the name of Webster Street, from Passyunk Avenue to Seventh Street, to "Queen Street."

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980313, an ordinance authorizing the revision of lines and STATED MEETING - CALENDAR CONSIDERATION grades on a portion of City Plan No. 194 by striking from the City Plan and vacating a portion of Reese Street.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980336, an ordinance granting permission to Level III Communications LLC, a Delaware limited-liability company registered to do business in Pennsylvania.

President Street

The Chair agrees.

Chief Clerk Hauser

And Bill No. 980337, an ordinance granting permission Next Link of Pennsylvania.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980338, an ordinance authorizing the Crime Prevention Association of Philadelphia, 230 South Broad Street, to construct and maintain one electrified marquee.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980339, an ordinance authorizing the Crime Prevention Association of Philadelphia, 230 South Broad Street, to construct and maintain various encroachments. STATED MEETING - CALENDAR CONSIDERATION

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980340, an ordinance authorizing Harry Sarkissian, owner of the property located at 604-606 South Third Street, to -

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980341, an ordinance authorizing Harry Sarkissian, owner of the property located at 604-606 South Third Street, to construct various encroachments.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980374, an ordinance authorizing Dem Corp. II LP to maintain an electrified marquee.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980376, an ordinance granting permission to IXC Carriers Inc. to do business in Pennsylvania.

President Street

The Chair agrees.

Chief Clerk Hauser

Bill No. 980377, an ordinance authorizing the revision of lines and grades on a portion of City Plan 308 by relocating the southerly curb line of Rodman Street.

President Street

The Chair agrees. STATED MEETING - CALENDAR CONSIDERATION

Chief Clerk Hauser

Bill No. 980120, an ordinance authorizing Hard Shell Cafe, located at the northeast corner of Nine and Market Streets, Philadelphia, to construct and maintain an electrified marquee.

President Street

The Chair agrees. Did the Clerk read 980375? I -- I do not recall hearing that bill read, and I believe it was one of the bills for which the rules were suspended.

Chief Clerk Hauser

No.

President Street

980375.

Chief Clerk Hauser

Bill No. 980375, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 308 by striking from the City Plan and vacating Rosewood Street from Spruce Street to Delancey street.

President Street

The Chair agrees. The bills read by the Chief Clerk will be added to our -- placed on our second- and final-reading passage calendar for our next meeting.

President Street

Council will now STATED MEETING - FINAL READING - BILL NO. 970794 consider bills on our second- and final-reading passage calendar. The Chair recognizes Councilwoman Verna.

Councilwoman Verna

Thank you, Mr. President. All bills on the second-reading and final-passage calendar are being called for consideration, with the exception of Bill No. No.'s 960633, 960629, and 970272.

President Street

The Chair thanks the Councilwoman. The first bill for consideration will be Bill No. 970794. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Mr. President, we're also holding 980227, the last bill on the calendar also since we had the -

President Street

Yes. We're going to hold that. A substitute bill has been introduced. All that took place since we left the caucus room. The first bill for consideration will be Bill No. 970794. The Clerk will please read the title of the bill. STATED MEETING - FINAL READING - BILL NO. 970794

Chief Clerk Hauser

An ordinance naming the playground currently designated as "The White Hall Commons" located at 1900 Wakeling Street and bounded by 4700 Jackson Street, 4700 Ditman Street, and 1900 Margaret Street as "The Billy Gambrell Playground."

President Street

This bill, having been read on two different days, the question now is, shall the bill pass finally? The Clerk will call a roll.

Chief Clerk Hauser

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk Hauser

Councilwoman Clark.

Councilwoman Clark

Aye.

Chief Clerk Hauser

Councilman Cohen.

Councilman Cohen

Aye.

Chief Clerk Hauser

Councilman DiCicco.

Councilman Dicicco

Aye.

Chief Clerk Hauser

Councilwoman Fernandez.

Councilwoman Fernandez

Aye. STATED MEETING - FINAL READING - BILL NO. 970794

Chief Clerk Hauser

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk Hauser

Councilwoman Krajewski is voting aye. Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk Hauser

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk Hauser

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk Hauser

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk Hauser

Councilman Ortiz.

Councilman Ortiz

Aye.

Chief Clerk Hauser

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk Hauser

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk Hauser

Councilwoman Verna. STATED MEETING - FINAL READING - BILL NO. 960367

Councilwoman Verna

Aye.

Chief Clerk Hauser

Council President Street.

President Street

Aye. The ayes are 16, the nays are 0. The majority of all Members of Council having voted in the affirmative, the bill passes. The next bill for consideration will be Bill No. 960367. The Clerk will please read the title of the bill.

Chief Clerk Hauser

An ordinance amending Title 9 of The Philadelphia Code entitled "Regulation of Businesses, Trades and Professions" by adding a new chapter prohibiting cigarette vending machines and providing penalties.

President Street

This bill, having been read on two different days, the question now is, shall the bill pass finally? The Chair recognizes Councilman Mariano.

Councilman Mariano

Mr. President, I have an amendment I'd like to introduce.

President Street

Okay. The Clerk STATED MEETING - FINAL READING - BILL NO. 960367 will please read the amendment. Has every Councilman been given a copy of the amendment? Councilman, has the amendment been circulated?

Councilman Mariano

Yes.

President Street

The Clerk will please read the amendment.

Chief Clerk Hauser

Proposed amendment to Bill No. 960367, Section 9-2003, penalties and enforcement. A. The Penalty for violation of this chapter shall be a fine not exceeding $300, together with imprisonment not exceeding 90 days if the fine and any costs are not paid within 10 days; and B. Whenever any officer with authority to enforce ordinances, including, for purposes of this section, any Department of Public Health or Department of Licenses and Inspections inspector becomes aware of a violation of this chapter, such officer shall hand or deliver to the violator a printed notice of violation. If the violator is a retail outlet or other business establishment, the officer shall STATED MEETING - FINAL READING - BILL NO. 960367 hand or deliver the notice to the manager of the outlet or establishment or an on-site supervisor such. Notice shall bear the date, time, and nature of the violation when known, the identity and address of the violator, the amount to be remitted in response to the notice, and the penalty which can be imposed by the court of the violation, and shall be signed by the person issuing the notice and shall bear the badge number or other official identification number of the officer issuing the notice. C. Any person who receives a notice of violation may, within 10 days, pay $100, admit the violation, and waive the appearance before a municipal court judge. The notice of violation shall contain an approximate statement for signature by the violator for the purpose of admitting the violation and waiving a hearing, and shall be returned by the violator when stipulated payment is remitted. D. If a person who receives a notice of violation fails to make the prescribed payment within 10 days of the issuance of the notice of STATED MEETING - FINAL READING - BILL NO. 960367 violation, a code enforcement complaint shall be issued for such violation in such manner as provided by law. Such a complaint may be issued irrespective of whether a notice of violation was previously issued for such violation. E. Upon a finding of a third cigarette sales violation committed at a single location or within a single business establishment, any cigarette vending machine located at such locations or within such establishment shall be removed by the owner of such machine, and no person shall install or any cigarette vending machine at such location or such establishment. For purposes of this subsection, a cigarette sales violation shall be any violation of this section or any violation of Section 9-622 relating to cigarettes and tobacco products. The Department of Licenses and Inspections may remove any machine maintained in violation of this section and may bill the owner of the establishment where such machine is located or the owner of the machine for the cost of removal. STATED MEETING - FINAL READING - BILL NO. 960367 And amending Section. No person shall install or maintain cigarette vending machines at any location in the City of Philadelphia unless such machine is subject to an operational lockout device, which is subject only to the control of the proprietor of the establishment or his or her agent, and not subject to control by the general public. And 9-2001, lockout device. An electronic device which renders a vending machine inoperable except when activated or unlocked remote electronic authorization transmitted on a per-transaction basis. And amending Section 2 of the bill, section -- making section 2, 3. And it reads: This ordinance shall be effective 60 days after enactment provided, however, that no lockout device shall be required until 6 months after enactment. Section 2-922 of The Philadelphia Code entitled "Cigarette Tobacco Products" is hereby amended as follows: Upon the finding of a third cigarette sales violation committed at a single location or within a single business STATED MEETING - FINAL READING - BILL NO.

Chief Clerk Hauser

960367 establishment, any cigarette vending machine located at such location or within such establishment shall be removed by the owner of such machine, and no person shall install or maintain any cigarette vending machine at such location or in such establishment. For purposes of this subsection, a cigarette sales violation shall be any violation of this section or any violation of Section 9-2002 relating to cigarette vending machines. The Department of Licenses and Inspections may remove any machine maintained in violation of this section and may bill the owner of the establishment where such machine is located or the owner of the machine for the cost of removal.

President Street

Is that the entire amendment?

Chief Clerk Hauser

I believe so, President Street.

President Street

The Chair recognizes Councilman Mariano for a motion that the amendment be approved.

Councilman Mariano

Mr. President, I make a motion that the motion be approved. STATED MEETING - FINAL READING - BILL NO. 960367

Councilwoman Clark

I have a question.

President Street

Is there a second?

Councilwoman Clark

Mr. President, I have a question.

President Street

The Chair recognizes Councilwoman Clark.

Councilwoman Clark

Mr. President, I apologize for not having read this any sooner than now; I think it was just passed out today. I'm somewhat disturbed by what appears to be a vagueness in the amendment, and now I speak specifically of Section 9-2003, Section E, reading: "Upon a finding of a third cigarette sales violation committed at a single location or within a single business establishment, any. . . " Now do you mean "and all machines located at such establishment?" Because I would then add this to be as inclusive as is necessary. Do you have any objection to that? And then on Section 2 -- actually it's now amended to Section 3, reading: "This ordinance shall be effective 60 days after enactment providing, however, that no lockout STATED MEETING - FINAL READING - BILL NO. 960367 device shall be required until 6 months after enactment." I think that that is unnecessarily vague, and it raises this question with me: Does it mean that every cigarette machine will be in violation of Section 3 180 days after enactment if it has not been properly adapted? Because if that is so, the language doesn't say that.

President Street

Councilwoman Fernandez, would you care to address that question?

Councilwoman Fernandez

Do you have suggestions for wording that would clarify the meaning? Again, I think your first amendment improved on the Law Department's work. Would you have suggestions for this that would make it clarified and sharper in the meaning that you want?

Councilwoman Clark

Yes. I would suggest that the language needs to say: "Provided, however, that every machine will require this device within 180 days of enactment." You see?

President Street

I don't. STATED MEETING - FINAL READING - BILL NO. 960367

Councilwoman Clark

Because when -okay.

President Street

I'm looking at the proposed amendment to the new Section 3.

Councilwoman Clark

Right. The first part of it says, "This ordinance shall be effective 60 days after enactment. However, no lockout device shall be required until 6 months after enactment." Well, that to me is confusing. Let's say it directly. "Every machine, to be legal, must have been adapted within 180 days of enactment." That, one, makes the language consistent with the 60-day requirement and -

President Street

The only reason why I raise the question here is because there may be certain parts of this bill that are unrelated to a lockout device that the Department wants to begin to enforce within 60 days, provisions that are other than the lockout device, and I wouldn't know that.

Councilwoman Clark

But I'm not changing the 60-day part of the sentence. It would read: "This ordinance shall be effective 60 STATED MEETING - FINAL READING - BILL NO. 960367 days after enactment provided, however, that every machine must have been equipped by 180 days of enactment." Do you see? Absent that, I think you put such vagueness in it as to make it unenforceable.

President Street

The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Mr. President. I would only ask either, I guess, Councilwoman Clark or Councilwoman Fernandez or Councilman Mariano, what is the purpose of the 60-day effective date?

Councilwoman Clark

I don't know, and have expressed an opinion about the 60 days.

Councilman Nutter

Where does it come from?

Councilwoman Clark

But you can't say it's effective in 60 days except the machines are not required until 180 days later. That seems to me to be confusing.

Councilman Nutter

Well, does anybody know where that came from? STATED MEETING - FINAL READING - BILL NO. 960367

Councilwoman Fernandez

My understanding is that other parts of bills would go into effect within 60 days, but the requirement for the lockout device to be any and everywhere was 6 months.

Councilwoman Clark

What are the other sections that would be affected?

President Street

Councilwoman, the way I read this amendment -- the way I read this, the effective date requirement is that the bill requires all of these machines to have a lockout device. That's what the bill does.

Councilwoman Clark

Right.

President Street

Right?

Councilwoman Clark

That's what the amendment does.

President Street

No, that's what the bill does.

Councilwoman Clark

That's what the bill does.

President Street

In addition to a bunch of other things. Now, within 60 days, everything but the lockout device is implemented at the 60-day STATED MEETING - FINAL READING - BILL NO. 960367 period, but the lockout device part isn't required until 6 months.

Councilwoman Clark

Excuse me, are you working from a one-page sheet?

President Street

I am.

Councilwoman Clark

Introduced May 16th?

President Street

I'm working from a one-page sheet at the top of which says, "Proposed Amendment to Bill No. 960367 Amend Section 2 of the bill as follows. Section 2, this" -

Councilwoman Clark

That's not my question. What bill are you working from? Are you working from a one-page sheet introduced by Councilwoman Fernandez?

President Street

Yeah, I'm reading the amendment, the proposed amendment.

Councilwoman Clark

Well, when you read the amendment with the document itself, the only thing that the document does is establish some definitions and some prohibition of machines, and the prohibitions part of it got amended, that's what this is all about.

President Street

Can I make a STATED MEETING - FINAL READING - BILL NO. 960367 recommendation?

Councilwoman Clark

Yeah, you could.

President Street

Can I recommend that we move on, do the calendar, and have one of our trusty lawyers here work with the author of the amendments and the sponsor of the bills and the person raising the question, and just give us a recommendation. 'Cause most of us are willing to do whatever the sponsor and the author think is appropriate here.

Councilwoman Clark

Having said that, may I be excused for the rest of the day? (Laughter.)

President Street

Absolutely not. Councilwoman, before you -

Councilwoman Clark

I really do have to go.

President Street

I understand that, but before you go, why can't you -- can you just take a minute and work with -

Councilwoman Clark

I already wrote it down, I'll give it to you.

President Street

Okay. The Chair recognizes -STATED MEETING - FINAL READING - BILL NO. 970743

Councilwoman Clark

And I wish to be recorded as voting aye on all bills and amendments and resolutions before the Council today.