COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON LICENSES AND INSPECTIONS3 Room 400, City Hall6 Philadelphia, Pennsylvania Tuesday, November 29, 20117 4:05 p.m. PRESENT: COUNCILWOMAN MARIA D. QUINONES-SANCHEZ, CHAIR10 COUNCILMAN BILL GREEN COUNCILMAN WILLIAM K. GREENLEE11 COUNCILWOMAN BLONDELL REYNOLDS BROWN BILLS 110610, 110833 and 110834 - - -15 2
The2 Committee on Licenses and Inspection will3 begin its public hearing.4 Will the Clerk read the title5 of the first bill.6
Bill No. 110610, an7 ordinance enacting a new Chapter 9-36008 of The Philadelphia Code, entitled9 "Bouncers," to require that bouncers10 employed at covered establishments be11 registered and receive proper training,12 to prohibit employers from employing13 unregistered or untrained bouncers and to14 permit employers to refuse to hire15 bouncers with certain past criminal16 convictions; all under certain terms and17 conditions.18
I will19 recognize Councilmember Greenlee to open20 up before we hear the testimony.21
Thank you22 very much, Madam Chair. I'll be brief.23 I know it's been a long day for a whole24 lot of people.25 11/29/11 - L&I - BILL 110610, ETC.1 I introduced this bill based on2 the many stories we heard about some, and3 I underline "some," bouncers -- and I4 know some people don't like that word,5 but that's the word that's been used6 generally in the industry -- that have,7 let's just say, overreacted, to put it8 mildly, in some circumstances.9 In looking at other cities and10 states, particularly Noelle Marconi, my11 Legislative Director, and Steve Masters12 of the technical staff, found that there13 has been legislation put in to put some14 reasonable training, some reasonable15 instructions that these individuals have16 to take, and it seems they have cut down17 on the problems in these other cities and18 states.19 So in working with the20 Administration -- and I want to thank21 Brian Abernathy for working out the22 various wording problems and issues that23 we've had -- and working with the24 industry, I think we've come up with a25 11/29/11 - L&I - BILL 110610, ETC.1 bill that is reasonable, that will2 protect the public and also be fair to3 businessowners. And you'll also a little4 later see a very short video I think that5 will illustrate quite clearly why a bill6 like this is necessary. So I hope the7 Committee sees fit to move it at the8 proper time.9 Thank you, Madam Chair.10
Thank11 you.12 So we'll start with our first13 witness, Mr. Abernathy.14
Good afternoon,15 Councilwoman Sanchez and other members of16 the Committee on Licenses and17 Inspections. My name is Brian Abernathy,18 Chief of Staff to the Managing Director.19 I'm here to present testimony on the20 proposed amendments to Bill No. 11061021 and to answer any questions that you22 have.23 Bill No. 110610 regulates24 bouncers, individuals whose primary25 11/29/11 - L&I - BILL 110610, ETC.1 function is to provide security at2 covered establishments, drinking3 establishments and special occupancy4 licensees. The bill is designed to5 reduce the number of incidences of bodily6 harm to customers caused by either7 overzealous or aggressive bouncers by8 requiring training and certification.9 The proposed amendments to Bill10 No. 110610 prohibit covered11 establishments from employing individuals12 as bouncers unless that individual has13 completed a third-party training course14 approved by the City. The course must15 include training on how to identify16 problem patrons, individuals engaged in17 underage drinking, and false or fake18 identification. The course would also19 teach best practices regarding safe20 removal of problem patrons. Upon21 successful completion of the course, the22 bouncer receives certification from the23 training facility. The bouncer then must24 file a copy of the certification with the25 11/29/11 - L&I - BILL 110610, ETC.1 City.2 Additionally, the proposed3 amendments to Bill No. 110610 would also4 require covered establishments to conduct5 a criminal conviction background check of6 an applicant for a bouncer position.7 We'd like to thank the Councilman for8 working to amend the language of this9 requirement to meet with the10 Administration's efforts to ensure11 employment opportunities for12 ex-offenders. The proposed amendment13 would comport with the City's current law14 regarding criminal background checks by15 prohibiting such checks until after an16 interview has already been conducted. We17 believe this strikes a balance between18 ensuring responsible hiring practices and19 giving ex-offenders the opportunity to20 have gainful employment.21 The Administration is22 supportive of the proposed amendments to23 Bill No. 110610 and believes that the24 main requirement of the bill,25 11/29/11 - L&I - BILL 110610, ETC.1 professional training for bouncers, will2 make residents and visitors safer as they3 enjoy the many establishments the City4 has to offer. We'd also like to thank5 the Councilman and his staff for working6 with us to reach compromises on a number7 of the bill's elements.8 I'm happy to answer any9 questions you may have at this time.10
Thank11 you.12 Any questions from the13 Committee?14 (No response.)15
And I18 apologize, Councilwoman. I do need to19 leave the Chambers for a prior20 commitment.21
Okay.22 That will be fine. Thank you.23 And we will now move on to24 Panel 2, which consists of Russell Kolins25 11/29/11 - L&I - BILL 110610, ETC.1 and Michael Saile.2 We're going to start the video.3
Madam4 Chair, while they're coming up, we're5 going to start a video that, again, I6 think will illustrate -- there's nothing7 like pictures -- to show you why I think8 this bill is necessary. And I know both9 speakers have fairly long statements, but10 I know I talked to Mr. Saile, who said --11 and maybe Mr. Kolins can do the same12 thing. The statements will be made part13 of the record, but maybe you can condense14 the statements, because we're a little15 time challenged here.16 (Witnesses approached witness17 table.)18
Councilman, while24 we're waiting for that --25 11/29/11 - L&I - BILL 110610, ETC.1
Thank you for4 allowing me to be here today. I5 appreciate the honor.6 The video that you're about to7 see is a video that was taken at a bar.8