COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING BEFORE THE COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, June 11, 1998 9:45 a.m. - - - BILL 980204 - An Ordinance amending Chapter 9-600 of the Philadelphia Code, entitled "Service Businesses." BILL 980462 - An Ordinance amending Title of the 11 Philadelphia Code related to zoning and planning by amending Chapter 14-200 entitled "Residential 12 Districts," by adding a new 14-202.1. 13 - - - 14 PRESENT: COUNCILMAN JOHN F. STREET, Chair COUNCILMAN JAMES F. KENNEY, Vice-Chair COUNCILMAN DAVID COHEN COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN ANNA C. VERNA COUNCILMAN FRANK DiCiCCO - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center Plaza, Suite 600 Philadelphia, PA 19103 (215) 561-2220 I N D E X BILL 980462 PAGE Richard Bruno, Representative, Office of Councilman O'Neill--------------------------- Richard Lombardo, Chief, Project Planning, Planning Commission-------------------------- BILL 980204 John P. Campbell, Manager, Legislative Regulatory Affairs, Department of Licenses and Inspections------------------------------- Tom Gorman, Business Owner---------------------- Ruth Anne Madway, Resident, Washington Square 9 West------------------------------------------ 21 Jim Tobin, Representative, Holiday Inn Express-- 23 Joanne Bomgard, Director of Sales, Holiday Inn Express--------------------------------------- 24 Matthew Schultz, Assistant Director, Project Manager, Avenue of the Arts------------------- 25 - - - PUBLIC MEETING--------------------------------- 27 - - - 3 BILL 980462
Good morning. The Council Committee on Rules is now in session to accept testimony and to conduct a Public Meeting on two bills. The first is Bill No. 980204, which is an Ordinance amending Chapter 9-600 of the Philadelphia Code, entitled "Service Businesses," by adding a new section restricting hours of operation for adult book stores, all under certain terms and conditions. Is someone here from the Administration to testify? Can I have your attention, please. There will be a change in the bills schedule for the Rules Committee. The first bill will be 980462. I would appreciate it if all unnecessary conversation will be taken to the hall. This room is acoustically terrible. Bill No. 980462 is an Ordinance 22 amending Title 14 of the Philadelphia Code, relating to zoning and planning, by amending Chapter 14-200 entitled "Resident" -- excuse me, I am sorry. Folks, I can't hear. 4 BILL 980462 Bill No. 980462, an Ordinance 3 amending Title 14 of the Philadelphia Code related to zoning and planning by amending Chapter 14-200 entitled "Residential Districts," by adding a new 14-202.1, entitled R-1A, Residential District, by providing district regulations and controls and by making other technical amendments, under certain terms and conditions. Please identify yourself for the record. And please cease conversation.
Thank you, Mr. Chairman. My name is Richard Bruno. I am here today testifying for Councilman O'Neill, the sponsor of this bill. Basically, this bill will provide a new zoning designation that particularly applies to the Tenth Councilmanic District, although it does involve some of the other districts that have R-1 and R-2 zoning districts. This bill will provide for smaller lots than R-1 districts, larger lots in R-2 districts. However, it will provide communities with some more protection from some of the certificated uses that are allowed in R-2 5 BILL 980462 residential districts. And it does have the support of some of the civic associations. The Somerton Civic Association will be sending a letter of support.
Are you aware of any action taken or contemplated by the Planning Commission relative to this?
Yes. Relative to this, the Planning Commission also supports this bill.
Do you have an idea when they vote the to support it or staff recommended?
So it has been completed by the Planning Commission already, to your knowledge?
Yes, Mr. Chairman. Councilman O'Neill has discussed this with Rich Lombardo of the Planning Commission, and also Tom Chapman. I expected them to be here today.
Just hold tight a minute. Here is Mr. Lombardo. Please identify yourself for the record. 6 BILL 980462
Good morning, Mr. Chairman, members of the committee. Richard Lombardo, Chief of Project Planning of the Planning Commission, here to speak today on this bill. This bill is an amendment to the Zoning Code introduced by Councilman O'Neill. It has proposed to create a new zoning classification, R-1A residential. It is a classification by its number that would fit between Class R-1 and Class R-2. It is a district that the Councilman is creating because he would like to use it in remappings in the Northeast, in his district, basically because he has a lot of houses in his area that are not big enough to fit in the R-1 district, but the lots and the side yards and rear yards and setbacks are larger than the R-2. Basically what this district would do, would create a district with a 60-foot lot frontage requirement, 6,000 square foot lot area, 30 percent maximum occupied area, 30 foot setback, two 15-foot side yards, a 25-foot rear yard, and a maximum height of 35 feet. And that actually is literally 7 BILL 980462 between R-2, which is a 5,000 square foot lot, and R-1, which is a 10,000 square foot lot. And it would be used as a tool in the zoning remapping program in remapping areas in the Northeast. Actually, also, in other neighborhoods. But you know, Councilman, is doing it for his district, but it will be citywide. It will also be used in areas like the Northwest, West Philadelphia, Oak Lane.
The staff has approved it, recommending approval to the Commission at our next meeting. This bill, we have not had a meeting since this bill was introduced.
Can you explain very simply again what the purpose of this new zoning district is?
It is basically to 8 BILL 980462 create a classification that addresses a lot of houses in the Northeast that do not -- that actually have larger setbacks and larger yard requirement than the R-2, but don't come up to the R-1. And this is basically a case of just reflecting the type of development. You know, if you zone the houses R-2, for example, then they would conceivably be able to build in their side yards or have lesser setback than they actually have.
No. The uses still stay single-family. It is just -- it is not just. The only thing it changes, it creates a category of yards and setbacks which is between the R-1 and the R-2. You are not zoning anything today; you are just creating the tool that will be used in future bills that will come before Council in the neighborhood remapping program.
Thank you any 9 BILL 980462 very much. Anyone else with any questions? Anyone else to testify? Thank you very much for your testimony. We will now go back to Bill No. 8 980204, which is an ordinance amending Section 9-600 of the Philadelphia Code entitled "Service Businesses," by adding a new section restricting the hours of operation for adult book stores, all under certain terms and conditions. Good morning, Mr. Campbell. Please identify yourself for the record and proceed.
Good morning, Councilman Kenney, members of the Rules Committee. I am John P. Campbell, Legislative Regulatory Affairs Manager for the Department of Licenses & Inspections. And I am here to testify on the provisions of Bill 980204, which, if adopted, will restrict the hours that adult book shops, adult book stores in Philadelphia, can be opened. The bill has been reviewed. It also defines what an adult book store is. It takes the definition from 14-1605, I believe. 10 BILL 980204 We have reviewed the provisions of the bill, and we have no objection to the enactment of the bill. We have a discussion right now with the Police Department as to how we are going to enforce this bill. We would prefer, at least at this point, that it be handled through the Police Department. Because if you are calling out an L & I employee on a shift that we don't normally work, you are paying like a minimum of four hours overtime. So we want to enforce the provision of the bill. We also want to enforce it economically cheaply. One thing. There is no enforcement or penalty section in the bill. However, under Chapter 9-105, there are provisions for penalties, and it is $150 to $300 fine.
It is my understanding is that this bill is a result of community complaint, which I would also suspect will be its method of enforcement, through community 11 BILL 980204 complaint.
We would also, at least initially, if this bill is enacted by Council, becomes an ordinance, we will notify the adult book stores of the provisions of the bill.
Thank you. Councilman Cohen has a question on the technical nature of the bill.
Is this bill 14 entirely a new bill? There are provisions that define adult book stores, define in great detail. Now, is that already part of the code, or is this new language?
This is new language, Councilman. This is a nonAdministration bill, by I way. I believe this was Councilman DiCicco.
What's new about the bill? Is the definition of an adult book store different from what it's been defined in the 12 BILL 980204 existing code?
No, sir. It is the same definition as you would have in -- no, it is 5 different? No. 6
No. The bill 7 indicates by the use of italics that everything in 8 this bill, other than the -- well, including the 9 title. It just says that everything in this bill is 10 brand new. 11
Well, how does the definition of adult book stores compare with the current language that's in the code now?
It is the same definition that is used in 14-1605, the Zoning Code, under Regulated Uses.
We are trying to get the sponsor of the bill into the room. But I think what's happening is that the specific language relating to go-go bars has 13 BILL 980204 been inserted into the adult book store language. Because a lot of these book stores are now providing similar services and entertainment that the go-go lounges have been traditionally providing, the dance, what do you call it, the adult cabaret. So a number of the book stores are providing, in addition to reading and other types of material, activities that would be found only in an adult cabaret. And I believe, and I have to get the sponsor in, that that's the reason why that language relating to adult cabarets was inserted in the book store language.
My concern is that the title of this bill indicates that the only new content of the bill relates to restricting the hours of operation for adult book stores. Now, these book stores have a pension foregoing into court and challenge the legality of ordinances. Not only in Philadelphia, but throughout the nation. The title indicates that the only change are the hours of operation, yet there is a very detailed definition of an adult book store, you 14 BILL 980204 know, that runs two pages, and there is nothing in the title to indicate that this bill defines adult book stores.
Councilman Cohen, I believe this was drafted by the Law Department for Councilman DiCicco.
Well, is there anyone here from the Law Department that can --
Councilman, do you have anything you want to add for the record on this bill? I mean, not necessary, but I just want to give you the opportunity. Mr. Campbell, do you have anything else to add?
No, sir. Only that I can see why the definition was placed in the ordinance.
Because obviously you are talking about a section of code that -- or a term that doesn't exist under Title 9. I believe that's why the definition was put in there.
But also the 15 BILL 980204 reason that the other language is placed in there is the additional services that these adult book stores are providing, which push the envelope towards adult cabaret?
Thank you very much. Are there any questions or Mr. Campbell? I think there is one requested witness to testify. Please approach the witness table. Mr. Campbell, would you just remain, in case there are any questions that need to be answered. Sir, can you take a seat, identify yourself for the record, and proceed with your testimony. And you are going to have that pull that microphone close to you. Thank you very much.
My name is Tom Gorman. I manage one of the businesses that you are speaking about in this bill. And I just wanted to get this on record, if I could.
What we would like to know is, does a study exist to provide statistical data that proves that problems that exist in the City of Philadelphia in areas surrounding these businesses is due to the increases traffic as a result of these businesses being opened past midnight or on Sundays?
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Mr. Chairman, thank you. I am not personally aware of any statistics. I think that the testimony that would be coming from the community and the businesspeople this morning will testify to the problem these types of establishments have been causing in that community.
Councilman, I am just going to interrupt you for a moment. I am going to ask please for all conversation in the room to cease or go into the hallway, please, if you need to talk. It is not possible to hear what's going on. 17 BILL 980204 Please proceed. COUNCILMAN DiCICCO: Thank you again, Mr. Chairman. I think the testimony that will be presented this morning from members of the community, both the residential and business community, will bear some of the facts of the problems that are existing in that community, and have been for a number of years. And I left on the table up there just some information where other jurisdictions have had similar types of problems and enacted legislation similar to what we are asking to be enacted here today. Vineland, New Jersey, New York City, just to name two.
My question was, is there anything that exists for the City of Philadelphia?
The Council member said not to his knowledge. But there are members here from the 18 BILL 980204 community who are going to testify as to their actual knowledge of what occurs day-to-day as a result of the operation of some of these businesses.
Okay. But wouldn't it be wrong to rely on studies -- I noticed he mentioned other communities. Wouldn't it be -- I mean, you wouldn't rely on the statistics provided by the tobacco industry concerning the health hazards of cigarettes; correct?
We use various forms of information in the course of our deliberations in the passage of legislation, in the consideration of legislation. It does not always include formal statistical analyses, but simply people from the community who have a problem that they want to address by their District Councilperson. So we have bills that are involved with great amounts of statistical information, and we have bills with no statistical information. So it varies. So there is no 25 standard. 19 BILL 980204
Well, I spent some time in Phoenix. And when they wanted to pass regulations concerning hours of operation and licensing, the City of Phoenix did a study, and it was an independent study. And what ended up turning out was that the amount of crime that took place outside of businesses was the least outside of adult entertainment businesses, less than 2 percent. It was the most around 24-hour convenience stores. And, I mean --
I think the issue here, in addition to actual Part 1 crimes, is the quality of the community and the activities that are ancillary to the operation of the business; i.e., prostitution and other types of opportunities for activities that deteriorate the community. So I think people have the right to have those issues addressed. But the answer to your question is, no, there is not a study that's been done about this.
Okay. Then I would like to get on record, I can name three communities that 20 BILL 980204 are probably free of adult book stores, even the ability to rent an adult tape, Peduca, Kentucky, Pearl Mississippi, and Jonesboro, Arkansas. And I didn't see any members here wanting to confront the NRA about situations such as that. We are the number one gun capital in the world. And I would think that the City Council would have more important problems in the City of Philadelphia, rather than worrying about whether we are open for another two hours on Friday evening.
You are welcome. How many other members of the community are there to testify? Will there be one person testifying or more than others?
Three people? Four or three? Three. And what I would ask to do, again, is just give us different information as part of your 21 BILL 980204 testimony. Please identify yourself for the record.
Good morning, members of Council, my name is Ruth Anne Madway, and I am a civic activist in Washington Square West. I have lived in the community for 9 years, and over the last five years have been very 10 active in civic improvement efforts, especially 11 along the 13th Street corridor. 12 A big part of this is grappling with the long-term problems of the 13th Street corridor, how they affect residents and the quality of life, as well as the neighborhood as a good place for business and tourism, which are two things that are vitally important to Center City and the city as a whole. The business community in our neighborhood encouraged Councilman DiCicco to offer this legislation because we felt it was a good balance between the needs of businesses, but also the needs of the community to begin to grapple with the problems along the 13th Street corridor. And the problems there are really -- 22 BILL 980204 revolve around the concentration of regulated uses; i.e., go-go lounges and adult book stores. And it is really turning a blind eye to the obvious to say that this is not a problem. In fact, these places have become a magnet for drug activity and prostitution along the 13th Street corridor. It has had a deleterious effect on the quality of life for the many people who live in this neighborhood, because this is a residential neighborhood. There is a great deal of conversion of older buildings to apartment buildings. So there are apartment buildings that are north of Locust. It also affects those people who live in the houses located primarily south of Locust in Washington Square West. But more importantly, it affects the businesses that have been there for a long time, that are really trying to hold on and become part of the renaissance of Center City east of Broad. In the interests of being concise, I think I am going to turn this over to two of the businesspeople who represent the Holiday Inn, one of 23 BILL 980204 the major hotels in this area.
Thank you very much. Please identify yourself for the record.
Good morning, Councilman. My name is Jim Tobin. I am with the Holiday Inn at 13th and Walnut Street. I hear the quality issue raised on that 13th Street corridor. And I can personally attest to it. That at numerous times during the hours between 10:00 p.m. and 6:00 a.m., the numerous prostitution and drug activities that occur during that corridor. Roughly, on any given night, there is three calls made to the Police Department to have them respond out there for open prostitution and lewd sex acts in alleyways. As a businessman, I don't think that a person that's staying at your facility wants to come out and walk down that corridor the next night, after he has been down there once or she has been down there once, without having some fear of personal safety as to what's going on in that 24 BILL 980204 corridor.
Joanne Bomgard, Director of Sales at the Holiday Inn Express.
Joanne Bomgard, Director of Sales at the Holiday Inn Express. I have been there for the past seven years. Regarding the same problems, I bring in groups to the hotel. I call back after they leave to see if they would come back to the hotel, and they will not because of the prostitution and the people outside of the adult book store and right there at 13th Street. They are afraid and they fear for their lives.
One final note on that is, the book stores that are open are the magnet for the people that come in that area, and creates a greater crime element along that corridor because of 25 BILL 980204 the book stores and other venues in that area.
Good morning, Councilman. My name is Matthew Schultz. I am the Assistant Director and Project Manager for Avenue of the Arts. Avenue of the Arts is very much in favor of this ordinance because we believe that these limitations will help to improve the quality of life for not only the residents who live in the neighborhood, the businesses, but also it will help the visitors to our community, which will be visiting the Convention Center and move over to the Avenue of the Arts. That neighborhood is a crucial link between the Convention Center and Avenue of the Arts. Thank you.
Thank you very much. Councilman, do you have anything to add? Thank you very much for coming in. Councilman DiCicco? Thank you very much. Is there anyone else here to testify BILL 980204 on this bill? Seeing none, that will conclude the business of the Rules Committee. (Public Hearing adjourned.) - - - 27 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING of the COMMITTEE ON RULES - - - Thursday, June 11, 1998 - - - Public Meeting conducted by the Committee on Rules, held in Room 400, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILLS 980204, 980462 - - - PRESENT: COUNCILMAN JAMES F. KENNEY, Vice-Chair COUNCILMAN DAVID COHEN COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN ANNA C. VERNA COUNCILMAN FRANK DiCiCCO - - - 28 PUBLIC MEETING
We will now convene a Public Meeting of the Rules Committee. The Chair recognizes Councilman O'Neill for a motion on Bill No. 980462.
I move that Bill 7 No. 980462 be reported out of this committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to allow first reading at our next session of Council. (Duly seconded.)
All in favor, say aye. There are none opposed. Bill No. 15 980462 will be reported out of this committee favorably, and a request will be made for Rules suspension to allow for first reading at today's session. The Chair recognizes Councilwoman Verna on a motion on Bill No. 980204.
Thank you, Mr. Chairman. I move that Bill No. 980204 be reported out of committee with a favorable recommendation, also a recommendation that the Rules 29 PUBLIC MEETING of Council be suspended so as to permit first reading at our next session of Council. (Duly seconded.)
Properly moved and seconded. All in favor say aye. There are none opposed. Bill No. 9 980204 will be reported out of this committee favorably, a request will be made for Rules suspension to allow for first reading at today's Council session. That will conclude the business of the Rules Committee. Thank you very much for your attendance. There is another committee. I'm not sure what it is, but there is another one. (Public Meeting adjourned at 10:15 a.m.) - - - 30 C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, June 11, 1998, were reported fully and accurately by me, and that this is a correct transcript of same. RE: COMMITTEE ON RULES _____________________________________ DEBRA A. WHITEHEAD, RPR