COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON LICENSES AND INSPECTIONS - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, October 26, 2006 1:10 p.m. - - - PRESENT: COUNCILWOMAN JOAN L. KRAJEWSKI, CHAIR COUNCILMAN DARRELL L. CLARKE COUNCILMAN JACK KELLY COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO BILL 060345 - An ordinance amending Chapter 9-600 of The Philadelphia Code, entitled "Service Businesses," to add new provisions to prohibit the sale, from certain retail establishments, of "blunts," "loosies," cigarette papers, cigars, and other items that may be otherwise legal but that are commonly used as drug paraphernalia, under certain terms and conditions. - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2
Good afternoon. The Committee on License and Inspection is now session. Do we have someone here from the Administration to testify? Oh, I'm sorry. A little ahead of myself. Will the Clerk please read the bill.
Bill No. 060345, an ordinance amending Chapter 9-600 of The Philadelphia Code, entitled "Service Businesses," to add new provisions to prohibit the sale, from certain retail establishments, of "blunts," "loosies," cigarette papers, cigars and other items that may be otherwise legal but that are commonly used as drug paraphernalia, all under certain terms and conditions.
Good afternoon. Good day, Councilwoman Krajewski and 3 10/26/06 - L&I - BILL 060345 members of the Committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today I am here to provide testimony on Bill 060345, which, if enacted, will prohibit the sale of certain products that have the potential to be used in conjunction with illegal drug activity. As a Department whose mission is to enforce laws that protect the public from matters that adversely affect safety and the quality of life in neighborhoods within our City, we offer no objections to the enactment of any legislation or any ordinance that is geared toward fulfilling the aforementioned objectives. The goals and objectives of Bill 060345 are commendable and should this bill pass in Council and is enacted into law, the Department will enforce its provisions. The proposed bill does have precedence to other local legislation 4 10/26/06 - L&I - BILL 060345 that have been enacted in the past to ban the sale of certain products to the public in general and minors specifically. The enacted legislation I refer to include bans on the sale of pocket bikes and tobacco products. In the past, we have had much success with the enforcement of laws related to the sale of tobacco products to minors by working in cooperation with the organization TEACH -- that's the Tobacco Free Education and Action Coalition for Health -- which employs the use of young people to purchase tobacco products from retailers. Once purchases have been made, TEACH makes the necessary referral to the Department surrounding the purchase for our enforcement action. As prescribed by the penalties of Section 21 9-622 of The Philadelphia Code, we are empowered to issue tickets in the amount of $100 to violators found to have sold tobacco products to minors. The issuance of tickets result from our own 5 10/26/06 - L&I - BILL 060345 investigation of the retail establishment subsequent to the referrals from TEACH. Also, on occasion, and when warranted due to repeated violations of the tobacco sales ban to minors, we have employed the use of additional enforcement powers under our authority, which involves the issuance of Intent to Cease letters to the owners of retail establishments providing notice that further violations will result in the issuance and posting of a Cease Operation Notice on such establishment. If or when a Cease Operation Notice has been issued to the owner or posted on the establishment, it effectively shuts down the establishment until the matter is adjudicated in court before a judge. Should Bill 060345 pass in Council and is signed into law by the Mayor, the Department will use similar methods as outlined above to enforce its provisions. Thank you for the opportunity 6 10/26/06 - L&I - BILL 060345 to provide the Department's testimony on this bill, and I'll be happy to answer any questions at this time.
Thank you. Before we begin, I would just like to acknowledge Councilman Rizzo, Councilman Kelly. To my right is Councilman Clarke, and Councilwoman Verna has appointed Councilman O'Neill to this Committee. Thank you very much. Are there any questions from members of the Committee? (No response.)
Is there someone else here from the Administration to testify? I believe Mike Erdos, is he here from the District Attorney's office?
Will 7 10/26/06 - L&I - BILL 060345 you please take the chair. Excuse me, sir. Are you from the Administration?
Oh, okay. Mike, would you wait. Go ahead. Please state your name for the record.
Good afternoon, Councilwoman Krajewski, members of the Council for License and Inspection. My name is Roland Lamb. I'm the Director of Addiction Services for the Department of Behavioral Health and Mental Retardation Services. I'm here to support passage of the bill that restricts the availability of paraphernalia and other items that contribute to drug-taking behaviors and other unhealthy practices. Since 1993, residents of our City, particularly young people, have been purchasing loose cigars. Loose cigars are preferred because of the low 8 10/26/06 - L&I - BILL 060345 cost. Young people did not have enough money to buy a package of four, five or six cigars for tobacco from a corner grocery store or restaurant. Upon acquiring a cigar, they usually slice it open, remove the tobacco, and then the remaining outer leaf wrapper is refilled with marijuana. This item, known as a "blunt," contains larger amounts of marijuana than previously were smoked in cigarette-sized joints. The originally preferred brands for making these blunts were Phillie's, White Owl, Dutch Master's and Garcia-Y-Vega, whose manufacturers have witnessed vastly increased profits ever since. At present, nearly every brand is utilized for blunt making. Cigars are favored by drug users because of their size, more marijuana can be loaded into it, and the fact that the outer leaf holds together well and can withstand the necessary manipulation of blunt making. 9 10/26/06 - L&I - BILL 060345 Most of the blunt users were and still are among our young people. , honey or cognac. When the cigar companies learned of this practice, they began manufacturing flavored cigars, such as strawberry, vanilla, honey, chocolate and cognac, to name a few, in order to further enhance the attractiveness of their products to blunt smokers. Although marijuana is generally considered an entry-level drug, blunts continue to be smoked with other additives, including crack cocaine, cocaine powder and/or PCP. Thus, the user's impairment due to increased amounts of drugs is exacerbated. Blunt users also commonly ingest beer, wine coolers, whiskey, Alprazolam, Xanax or Diazepam, Valium along with the blunt. Less commonly, 10 10/26/06 - L&I - BILL 060345 blunt smokers use vodka, barbiturates, oxycodone, cough syrup and/or methamphetamines. Following cocaine and alcohol, marijuana was the third most frequently mentioned drug of abuse at admission here in Philadelphia in the treatment programs in 2005. Eighty-three percent of people admitted to treatment were males who were more likely to smoke blunts than are females. Additionally, 44 percent of drug positive urinalysis tests conducted by the Adult Probation and Parole Department in 2005 were positive for marijuana, the highest amount on Probation and Parole's data. The Department of Behavioral Health conducts focus groups to go out each year with people who are new to treatment. These groups and outreach workers continue to report that marijuana used by means of blunt smoking is widespread throughout Philadelphia. We in the Department of 11 10/26/06 - L&I - BILL 060345 Behavioral Health deal with consequences of the drug-using behaviors on a daily basis and strongly encourage restricting access to items such as loose cigars that contribute to increased drug use. We also support restricting the sale of loose cigarettes particularly to youth. Numerous health studies over the last 40 years have shown the harmful effects of cigarette smoking. The consequences of tobacco smoking are well known. The fact remains that if either a drug user or cigarette smoker, often the same person, either refrains from using or delays the inception of use, his or her negative consequences will be less severe and less costly to society with respect to healthcare and behavioral health treatment. Again, I ask that you seriously consider the impact on the physical and behavioral health of Philadelphians and pass this important bill. I'm open to your questions.
Thank you very much. Are there any questions from members of the Committee? (No response.)
Good afternoon, Councilwoman Krajewski, members of Council. My name is Michael Erdos and I'm Chief of the Public Nuisance Task Force of the District Attorney's office. I'm here today representing District Attorney Lynne Abraham who cannot be here because of a prior commitment. I thank you for allowing me to appear before you and voice her support for Bill 060345 dealing with drug paraphernalia. The Public Nuisance Task Force has shut down more than 2,000 nuisance properties over the last decade, including drug houses, alcohol 13 10/26/06 - L&I - BILL 060345 establishments and houses of prostitution. In our experience, retail stores that sell rolling paper, blunts, small Ziplock packets, rose vials and similar items are among the most difficult for law enforcement to deal with. In large part, this is because it is currently not illegal, per se, to sell these items. In order to arrest store owners or employees or go after the property through drug forfeiture, we have to demonstrate a specific intent by these individuals to sell their wares for drug-related purposes. It has been difficult to demonstrate this intent to the Court's satisfaction. In addition, many of the establishments selling these items do not possess a liquor license and, therefore, we often cannot look to the Liquor Code for a remedy. We firmly believe, however, that the items targeted by the bill under your consideration are typically sold by store owners well aware that they will be 14 10/26/06 - L&I - BILL 060345 used to store, transport and/or ingest illegal drugs. We have received complaints over the years about many such establishments. Purchasers of drug paraphernalia often loiter outside of these stores at all hours of the day and night and use drugs in close proximity. Many of these stores are located in neighborhoods already subjected to high levels of crime and violence. These establishments only contribute to the sense of lawlessness in the streets and to the hopelessness that can pervade a neighborhood's collective psyche. Perhaps most troubling of all is that the provision of drug paraphernalia allows the demand for and, thus, the supply of drugs to flourish. It becomes easier for our children to access and use drugs and to become our next generation of addicts, and as we have seen time and time again over the years, every drug deal is another 15 10/26/06 - L&I - BILL 060345 homicide or shooting waiting to happen. Bill 060345 laudably attempts to secure an important victory in our war against drugs by outlawing the provision of certain items commonly used as drug paraphernalia and by making it easier to show that the provision of certain other items is for drug-related purposes. It provides the City with another mechanism by which they can revoke the business privilege license of a nuisance establishment. In turn, this will give the Public Nuisance Task Force an additional tool to utilize when dealing with communities and addressing nuisance properties. We are living in an age where we must do everything within our power to curb the illegal use and sale of narcotics. Accordingly, this bill is promising. It should improve our quality of life, make us safer, help protect our youth and send the message that retail stores may not profit off the backs of 16 10/26/06 - L&I - BILL 060345 drug users. As such, the District Attorney wholeheartedly supports this bill and urges Council to pass this public safety measure. Thank you.
Thank you very much. Are there any questions from members of the Committee? Councilman O'Neill.
Thank you, Madam Chair. I want to ask a question, but I don't know. Mr. Haigler may be the person to answer this. Years ago when we had a problem with graffiti -- and it's actually back again -- one of the things that we did -- and I don't know if we did it from a regulatory standpoint or there was an 17 10/26/06 - L&I - BILL 060345 ordinance -- we required the placement of the paint, spray paint, had to be behind the counter out of sight and people were required to show ID, show a legitimate basis as to why they were purchasing spray paint. And I guess my question is, although tobacco is regulated, to a large degree, by the federal legislation, can we similarly place the restriction on the placement of these tobacco products in a store? As an example -- and I'm thinking of a few stores right now in my district. As soon as you walk in the door -- and these are the stores that traditionally have the glass partition and they have a little section there where you can kind of take the money and give out the product, but pressed up against this glass you see every imaginable product of blunts and Phillie blunts and every other kind of blunts and all the other things associated with illegal drug use. 18 10/26/06 - L&I - BILL 060345 I guess the question is, can we regulate the placement of those particular items similar to the way that we regulated the placement of spray paint?
Councilman, yes, you can. I believe we currently do have a section of the Code in place that regulates tobacco, tobacco sale products under 9, I believe, 622 of The Philadelphia Code, and currently it's regulated to the extent that where you used to be able to go walk up and down the aisles to purchase cigars, tobacco products, now it has to be behind the counter. It has to be sold --
Well, it has to be behind glass, but it's very visible. I mean, it's like literally this is the glass, they got the product up against the glass. That's the first thing you see when you walk in the store. So, I mean, anybody that has half a brain understands that they're promoting the 19 10/26/06 - L&I - BILL 060345 use of these products. My question is, can we further restrict the placement or regulate the placement so it's not even visible?
I'm not an attorney, but I would say that you probably can, but I would have to confer with a City attorney to find out in fact if that is possible. Me personally, I would think that you probably can do that.
Can you get a ruling on that from the Solicitor's office?
Yes, Madam Chair. At this time, I'd just like to 20 10/26/06 - L&I - BILL 060345 mention for the record that I have an amendment that will describe retail businesses as not just convenience stores, service stations and stop and go's, but any retail establishment, except for hotels, restaurants with at least seats and 9 specialty tobacco stores. And so I've 10 circulated that, but I just wanted 11 anybody testifying to know that we're 12 expanding -- it's not just retail stores, 13 service stations. If there's a retail 14 store across the street that doesn't 15 happen to be a convenience store or a 16 service station or stop and go, they will 17 be prohibited as well. Just tightening 18 up. 19
Thank 20 you. 21 I'd like to acknowledge that 22 Councilwoman Blondell Reynolds Brown is 23 here as well. 24 Are there any other questions 25 from members of the Committee? 21 10/26/06 - L&I - BILL 060345 (No response.)
Good afternoon. DETECTIVE ROCKS: Good afternoon, Council. I'd like to thank you for having this hearing so we can be heard on this important bill.
Would you please state your name for the record. DETECTIVE ROCKS: Yes. My name is Jerry Rocks, Sr. My name is Jerry Rocks. I'm a 36-year veteran detective presently assigned to the Philadelphia District Attorney's office. I'm also the Director of an anti-drug group called Not in My Neighborhood. The purpose of our group 22 10/26/06 - L&I - BILL 060345 is to fight against illegal sale and use of drugs and drug paraphernalia in our City. The way we are doing this is, we have a narcotics tip sheet that we get out to the community where people fill out where there's drug corners, drug houses and anywhere there's illegal drugs going on. In turn, we get this sheet back to the Police Department, and we're getting great results from the Philadelphia Police Department. The other way we're fighting against drug paraphernalia is, we're going after stores that are selling it in our neighborhoods, near our schools and around our kids. One of the stores we are going after is Sunoco A-Plus Markets. Sunoco sells flavors of blunts, ten 20 flavors of blunt wraps and ten types of rolling papers. Another store is Wawa Markets. Wawa sells over 20 different types and flavors of blunts and recently added a new line of flavored blunts, Game brand. 23 10/26/06 - L&I - BILL 060345 These blunts are used by kids to smoke marijuana. Blunts come in many popular flavors. They've been made available in more than 30 different ones, including banana, chocolate, creme de mint, watermelon, blueberry, sour apple, vanilla and so on. After these flavored blunts are purchased, they're cut open, the tobacco is removed and replaced with marijuana and smoked. Sometimes the blunts are laced with additives such as cocaine, LSD and PCP. A marijuana-filled blunt is as strong as four joints. Flavored blunts are mainly used by teenagers to smoke marijuana. There's also a hollow blunt, and that is just a wrap with no tobacco in it, and that's sold for no other reason than to smoke marijuana. " We've also found that the flavored blunts are being sold in stores 24 10/26/06 - L&I - BILL 060345 like Rite Aid, CVS, Eckerd Drugs, Walgreens, gas stations, Chinese food stores, delis, beer distributors, malls, barber shops, hairdressers and cigar shops. We have targeted two cigar shops recently. One is Artifax Tobacco Shop at 2446 Cottman Avenue. Artifax sells 30 flavors of blunts, 30 flavors of blunt wraps, 60 types and flavors of rolling papers, over 300 pipes, types that can be used to smoke marijuana, 50 stash cans, fake cleanser cans, soup containers that can be used to hide drugs, also various sizes of plastic bags, bags that are advertised for coins and stamps, but they're also the size bags used to package crack cocaine and larger bags that are used to package marijuana. Recently, Artifax was rated by the Police Department and shut down. " The owner 25 10/26/06 - L&I - BILL 060345 of this store doesn't even live in this City and he's coming and taking advantage, making the money off the kids and going back to the suburbs. Another cigar shop we targeted is the Philly Smoke Shop located at Cottman Avenue in the mall. They sell 30 flavors of blunts, 30 flavors of wraps, types of rolling papers, 30 types of 11 pipes used to smoke marijuana, stash 12 cans, drug magazines and scales. 13 These stores mentioned are just 14 a sample of what's going on in the 15 neighborhoods in our City. 16 Over the past year, I have been 17 to every section of the City with my drug 18 paraphernalia presentation and I spoke to 19 many people, black, white, Hispanic and 20 Asian, and they all asked me the same 21 question, How can we stop the sale of 22 drug paraphernalia and what can we do to 23 protect our kids from it? Well, I hope 24 soon with the passage of this bill, I'll 25 have the right answer for them. 10/26/06 - L&I - BILL 060345 I'm here today as a father and grandfather, as a 36-year City detective and as a lifetime City resident.
I'm also here as a spokesman for all the kids in this City that have no one to speak up for them. I'm here to ask you to pass this bill on for a full Council vote so we can restore the quality of life in our neighborhoods. This bill may not solve the drug problem in Philadelphia, but it's a big step in the right direction. Thank you.
Thank you very much. I appreciate all your help on that. It just seems outrageous what is going on here in the City. Councilman O'Neill.
Jerry, I just want to thank you for all your work as a volunteer, not as a detective in the District Attorney's office, for energizing this effort. It really has been appreciated by a whole lot of people throughout the City. 27 10/26/06 - L&I - BILL 060345 I assume you agree with the amendment that I mentioned that would expand -- DETECTIVE ROCKS: Yes. I'd like to thank you, Councilman, for introducing this bill. You're a great help. Thank you.
Thank you. Are there any other questions from members of the Committee? (No response.) DETECTIVE ROCKS: I'd just like to add one thing.
Sure. DETECTIVE ROCKS: I brought with me over a thousand signatures from people who are supporting this bill.
Jerry, I'm sure you're aware, but for the record, every Councilmember co-sponsored this bill as soon as they heard the issue. 28 10/26/06 - L&I - BILL 060345 Thank you. DETECTIVE ROCKS: Yes. I appreciate that. I want to thank all the Councilmembers. Thank you very much.
Good afternoon. My name is Kenny Gamble, and I'll be very brief. I am here to support this ordinance that's being proposed, and I support it 1,000 percent, because to have drug paraphernalia in stores, near schools and Sunoco stations and whatever, it just appears as though the society is condoning the use of drugs, and for this Council and all of its members, it makes it seem as though that the Council and that the powers that be in this City condone the use of drugs by having drug paraphernalia available so readily. 29 10/26/06 - L&I - BILL 060345 The other thing I'd like to say also too is that the stop and go's in our community where they sell beer up until and o'clock in the morning, that it needs to be considered that they should not be allowed in our community that you can go and buy beer in stop and go's, because little children can go in stop and go's. I mean, in the bars and whatever, that's one thing, because you have to be a certain age, but in these stop and go's, you have to be -- a baby can walk into a stop and go. So I would like to see some kind of consideration for the stop and go's, that they are not able to sell beer and alcoholic beverages, because they sell this drug paraphernalia also after a certain hour. And so maybe you could take that into consideration. But let it be known that I support this effort 1,000 percent, and I'm hoping that we will take action immediately. 30 10/26/06 - L&I - BILL 060345 Thank you very much.
Thank you. Thank you for coming in. I appreciate your testimony. Are there any other questions from members of the Committee? (No response.)
I'd like to thank you, first of all, for taking the time to hear this. I'm here representing the Police Department in the presence of the Fraternal Order of Police. What's significant to us is when we take our job, we raise our right hand, we said we will protect and safeguard the lives and property of our citizens. Seeing the quality of life in 31 10/26/06 - L&I - BILL 060345 our City, we think right now that this initiative is something that's going to send a message, because our children are dying on the street. I'm not making a correlation between both, but I'm saying the example. What example are we setting? Are we teaching our children as was said in the song 30 years ago, by them being able to go out there, walk into a store and buy something that is causing harm, that is causing great havoc in our City? I personally salute Jerry Rocks for his initiative, seeing this, knowing the significance of the importance of our next generation. When I was a young man growing up, it wasn't available. It wasn't available. There was safeguard measures, because somebody knew the significance of keeping a watch on items like these. And right now seeing the businesses capitalize on it, the profiteers, sometimes their intent may have not been that it was going to be for 32 10/26/06 - L&I - BILL 060345 that, but if it's being used for that, people have to look at that. So, okay, maybe the intent wasn't, but what are the results? And the results are in our City this is what it's being used for. And we come to you today to implore you to please pass this legislation to enable our children and our City to have a future. And I will stand for any question.
Thank you very much, Bob. Are there any other questions? (No response.)
My name is Stephen Clay and I'm the Medical Director for Gaudenzia, Incorporated. Gaudenzia, Incorporated is the number one drug and 33 10/26/06 - L&I - BILL 060345 alcohol treatment organization in the City and I dare say in the State of Pennsylvania. I'm here before you to testify for passage of this legislation that is before you. What I'd like to say is, I see about to 30 drug-addicted individuals 9 per week. My job is not an 10 administrative job at all. And I would 11 urge you to pass this legislation, 12 because many of the people that we see, 13 we have them do a life story upon 14 admission to the facility, and the vast 15 majority of them, their life story starts 16 around 7 or 8 years old smoking blunts, 17 using drugs. Marijuana primarily is the 18 main gateway drug that is the entryway 19 for them into a life of drug addiction. 20 I think it's a shame that these items, this paraphernalia, is available so readily on our neighborhood corners to minors, adolescents. People have no idea what they're getting into. Also, I'd like to add that we 34 10/26/06 - L&I - BILL 060345 as taxpayers are the ones who are footing the bill when they go to prison and when we are treating them in my facility. So I'm here to urge you to pass this legislation. I think it's important. I don't think it's going to solve the drug problem in the City of Philadelphia, but anything that presents a barrier to children obtaining this paraphernalia I believe is a good idea, and as Jerry said, it's definitely a step in the right direction. With that, I'm open to any questions you may have.
I'm Dr. Michael Cirigliano. I'm an Associate Professor of Medicine at the University of Pennsylvania School of Medicine. I've been practicing internal medicine for 14 years, and I can tell you -- first of all, I'm honored to be here at City Council. 35 10/26/06 - L&I - BILL 060345 First of all, I can tell you that I have seen the ravages, the ravages, in my patient population not only of tobacco but also long-term drug use, and as my colleague just stated, most of these young people that start with marijuana go on to further problems. In addition, they also have a higher incidence of depression, suicide and a lot of other medical problems that we all end up paying for. And in these very, very troubled times, this seems like a very simple fix for something that we can do now to prevent this from happening. And I can tell you, it's all about money. That's what this is. People aren't doing this because it's embellishing our society. They're not doing this for any other reason than to make money at the expense of our young people. And if you look at the tobacco industry and what they've done and all of the patients that I take care of with end-stage emphysema, it's horrific, it's tragic. We've got to 36 10/26/06 - L&I - BILL 060345 do something about this. Now, some might say that prohibition never worked, but I dare say that this is something that we can fix. I actually advocate on Fox News once in a while when I'm on there, I advocate a glass of wine with dinner once in a while. So I'm not advocating that we prohibit alcohol. There may be some benefits to that, but there is no 12 redeeming value with these products at all. I encourage you and I implore you to act on this. And that's about all I have to say.
We certainly appreciate you coming in, both of you, for taking time out, and we do realize how very important this issue is. I don't believe there's one member of City Council that doesn't agree with all of you here today, because it is a serious problem plaguing our City. Are there any other questions from members of the Committee? 37 10/26/06 - L&I - BILL 060345
Thank you. Thank you, Madam Chair. Thank you, Doctor, for your very powerful testimony. Head of Gaudenzia, having heard now that the story --
Okay. And that would be a good thing. You mentioned the stories of the persons that you service. This begins for them at age 8, 9 years old.
It can be 7, 8, 9 years old commonly. 38 10/26/06 - L&I - BILL 060345
So with that kind of revelation for us maybe, any ties, connections at all with the School District around the very population that you serve and the prevention efforts of the School District in what they're doing? Because there's a unique opportunity there to connect the dots between those two worlds.
There's definitely a unique opportunity to connect the dots, but I dare say the School District's efforts may be directed toward the wrong group. I mean, I don't think their efforts are directed towards 7, 8 --
-- 9-year-old children. This is when these young kids, children, are being introduced into the drug world. I mean, if you're teaching teenagers, 16, 17 and 18, about drugs, some of those people already have a drug habit and I see them in treatment. So 39 10/26/06 - L&I - BILL 060345 it's too late. By the time you're talking to kids in high school, maybe even the end phase of middle school, that's really too late. You really should be talking to children about substance abuse and drug use in grade school.
Madam Councilwoman, I'd like to reiterate that studies have shown that people who use drugs at an early age also are the kind of people that get into high-risk behaviors, like fighting in school. They get into other kinds of problems, and so this is a gateway. In fact, many people in the profession call it a gateway drug when we talk about marijuana. We're not even talking about cocaine. You know, what's it going to take? What do we need to do to help our young people, prevent them from getting into trouble in the first place? When 40 10/26/06 - L&I - BILL 060345 they get to me, it's too late. We need to get early intervention so that our kids, our young people, don't have the problems later on in life.
I thank you both for your testimony, and what you're saying really instructs me and provides an opportunity for us on this side of the table to raise these issues also with the School District.
I think it really sends a wrong message when you can get a blunt, a pack of cigarette papers along with your Now and Laters and Lemonheads and pretzel sticks.
Can't be better said than that. Let me seize the moment to then simply congratulate the sponsor of this bill. It baffles me that we didn't take some action long before this. So I can't make any sense out of that, but as the Chairman of this Committee has indicated, the support on this measure is 41 10/26/06 - L&I - BILL 060345 unquestionable, and at the end of the day, it helps parents. Because if parents who care are teaching the ravages of what comes with involvement with drugs and alcohol, then there's an opportunity for government to be a partner with parents in reinforcing what parents are trying to do at home. Thank you very much for your testimony.
Madam Chair, I was just wondering if Jerry Rocks could maybe take that display board and show the Committee and anybody else that's interested what these items actually look like.
Thank you. DETECTIVE ROCKS: These are all the flavored blunts, what the stores are 42 10/26/06 - L&I - BILL 060345 selling. These are the blunt wraps. It's just the skin of a cigar, and it comes in flavors and they're bright-colored and they're mango, just to attract kids. These are the papers. I don't know anybody today that uses them for cigarettes, and these stores are carrying like 30 and 40 different types and brands.
Can I direct it to Councilman O'Neill? Councilman, if like the neighborhood bar that they sell cigars behind the bar, if a person would like to buy an individual cigar while they're in, if it's a smoking bar in the future, 43 10/26/06 - L&I - BILL 060345 would they be able to buy? Because I know a lot of little neighborhood bars have boxes of cigars where a customer can buy a onesie or twosie to smoke them while they're in the bar having a beer.
If they're not a hotel or restaurant that seats 9 people or specialty tobacco store, they 10 can't sell it. That's prohibited in 11 here. 12
The next witness, Carolyn Smith, Office of State Representative Curtis Thomas. (No response.)
Next witnesses, AJ Thompson, Esquire, and Scott Sigman, Esquire.
Good afternoon, gentlemen. Please state your name for the record.
I thank you for the opportunity to speak on behalf of this bill. In addition to what Mr. Rocks 45 10/26/06 - L&I - BILL 060345 had put together, I went out and purchased a couple of what we're talking about here today so that the Councilpeople can get a feeling for exactly what we're talking about and can take them off of the board. You can take a look at the flavors, peach, grape, watermelon. It seems like they have more flavors than there are soda.
What type of store was that where you purchased them?
You don't have to give the name, but I just want to know what type of store it was.
It was a convenience store that's very popular and has a lot of business --
I have some remarks here. The last thing I think about when I hear "convenience store" is a drug dealer, but last night I bought one half of some of those popular drug combinations in the City while picking up some bread and a pack of gum. So Philadelphia's corner convenience stores are complicit in the drug trade, and make no mistake about that, that's what this is. In the midst of heart-wrenching levels of blood shed, mainly attributed to the violent nature of the drug trade, government figures have rightly called for the marshaling of all forces to 47 10/26/06 - L&I - BILL 060345 combat drug and drug abuse. In order to fight this battle, large-scale programs are in development stages, and they're all small things that need to be done and show success. One of them is this bill. Efforts to stop the grip of violent drug trade are dealt a serious blow when the use of drugs, especially the gateway drug of marijuana, are given tacit approval. Any drug dealer looking to get increased sales and fill our street corners with the ever-present aroma of burning pot, they only walk down the store to get the tools necessary to boost their bottom line. Why? Because these stores still do not prohibit the sale of crack pipes, blunts and cigarette papers that are ostensibly used for tobacco, but anyone with commonsense will tell you they're used to facilitate the drug trade. Any convenience store, but especially larger chains such as Wawa and gas retailers, should be ashamed of 48 10/26/06 - L&I - BILL 060345 themselves with such a large offering of essential products like bread and milk but still use these on their shelves to derive profit to squeeze the last nickels from the community by giving potential drug abusers and dealers a quick conduit to getting high. Since they will not voluntarily act to stop selling these, a disgraceful breach of the public trust for companies that typically pride themselves on being corporate citizens, I congratulate Council for the brave step in banning the sale of these materials. In my neighborhood of Fishtown, we have initiated an anti-drug program called Whatever It Takes. Some of our members are here. One of our main thrusts is to counter the culture of acceptance and tolerance of the drug culture. When a neighborhood or community throws up its hands in disgust at drug abuse and the corruption of youth and merely shrugs its shoulders, the 49 10/26/06 - L&I - BILL 060345 battle is close to lost. The temptation to kids and adults as well comes at them constantly, and by sending the message that these tools of the drug trade are sold in the same places where mom buys milk, eggs and gets gas, they become an overarching conclusion that drugs are permissible and sanctioned. It sends a clear message, and it's wrong and it undermines our work. The acts contemplated in this bill are not without precedent. The City has just banned smoking in public facilities. Pharmacies routinely lock away cough medicine. Councilman Kelly is thinking about protecting the geese of the City and the country through the ban of foie gras. Surely selling pineapple blunts next to soft pretzels is something that this City can afford to do away with. (Applause.)
If these 50 10/26/06 - L&I - BILL 060345 businesses cry poor and complain that their profits will be hampered by this ban, they won't cry for long because they will not be in business for very long. Here, the deprivation is minimal. A very small minority of people who like to roll their own cigarettes or smoke Phillie blunt cigars with actual tobacco inside may have to be slightly inconvenienced and go to a tobacco specialty store. However, what a small price to pay to keep kids like my 2-year-old daughter and her friends from having to deal with this scourge. It reinforces the message that the responsible members of Philadelphia neighborhoods try to convey, that drugs are not to be accepted and the sale of them is not to be tolerated. Some of us are still waging this war on drugs. The shameful decision of these stores who continue to sell these products for small profit margins flies in the face of a traditional sense 51 10/26/06 - L&I - BILL 060345 of community that many of our corner stores used to embody in this City. It's a slap in the face to all of us who are working to keep the scourge of drugs away from our kids. I urge you to vote for what is best for Philadelphia and what you know to be right and what you've all co-sponsored. Ban the sale of products such as rolling papers, crack pipes, strawberry blunts from our convenience stores, Wawa, gas stations and all of our other sections of the City that are selling these products. I'd like to thank Mr. Rocks and everyone who is here to testify on behalf of this, Councilman O'Neill and all the Councilpeople who signed on to this, and I'd like to end with a pun, that it's "high" time that we ban this stuff in the City. Thank you for your time. (Applause.)
Thank 52 10/26/06 - L&I - BILL 060345 you very much.
Thank you. Distinguished members of City Council, members of the public, my name is Scott Sigman. I was actually an Assistant District Attorney assigned to the Philadelphia District Attorney's Public Nuisance Task Force. I started while in law school working for Edgar Jaramillo and most recently I worked actually for Michael Erdos, who was in the room and most recently just testified before you. While an Assistant District Attorney with the Public Nuisance Task Force, I actually conducted some of the raids on these very paraphernalia shops and stores in the City, whether it be alleged convenience stores, actual paraphernalia shops or the like, with the Nuisance Task Force of L&I, with Kevin Daly and Dominic Verdi, with the Philadelphia Police Department and with Citywide Vice. When we raided most of these 53 10/26/06 - L&I - BILL 060345 stores, we would find not only the blunts and the little rose glasses, but we also found all these plastic packets, which I'd like to present to Council if you'd like to pass among yourselves. And I'll indicate to you, if you notice some of these crack bags have the Superman logo, some of these have the Nike swoosh. And I'll tell you right now, I don't think Warner Brothers has licensed their Superman logo on crack packets. So I'll pass that up to Council. Feel free to keep these Superman crack packets for future use in presentations against drug paraphernalia in our City. But I want to take us to the end result of purchasing these type of products, and that's something closer to Councilman Kelly and Councilman DiCicco. I worked with the Nuisance Task Force and responsible for shutting down two of Philadelphia's most notorious nuisance bars, one being Club Evolutions on Delaware Avenue. 54 10/26/06 - L&I - BILL 060345 On February 10, 2004 when we raided Club Evolutions on Delaware Avenue, which happens to be right next to Representative Lederer's office, where they had multiple shootings and stabbings and drug use and drug arrests at this after-hours establishment, when we raided this place on February 10th, what we found on the floor of this club were mounds of cigar tobacco, mounds of it in all different locations on the floor. And what that indicated was, they would take these blunts, they'd carve out the interiors of the tobacco, the cigar tobacco, throw it on the floor, fill it with marijuana and then smoke these giant blunts filled with narcotics inside, whether it be marijuana, whether it be marijuana laced with PCP or mint leaves laced PCP. That is what they were doing inside Club Evolutions, and the evidence was right there before us. Councilman Kelly's district at Five Points in Burholme, we had the 55 10/26/06 - L&I - BILL 060345 Purple Orchid. Not the Purple Orchid I; the Purple Orchid II. The Purple Orchid II, notorious topless go-go bar where we sent in undercover police officers to buy narcotics from the entertainers, who would then go to the manager. The manager would go up to his office, come down, hand it to the entertainers and then provide them with various types of narcotics, whether it be cocaine or marijuana. And firsthand undercover officers inside the Purple Orchid II at Five Points, which is right near a church, right near schools, right in a highly populated area of Northeast Philadelphia, would observe people cleaning out cigars, which would be sold there, filling it with marijuana and sitting back smoking while they watched these nude entertainers perform. Thanks to Councilman Kelly and constituent complaints, we were able to close that establishment, shut it down and rid the neighborhood of that problem. 56 10/26/06 - L&I - BILL 060345 Both Purple Orchid II and Club Evolutions remain closed to this day. But those are firsthand examples where these products end up and how they are used.
I just illustrate to you some of these creative logos and, as you heard today, some of the creative flavors and different packaging associated with drug paraphernalia and drug-related products. This enables people to get high. It enables people in our City to literally -- it enables them to be addicts. By this bill, we will help, as you heard from Dr. Mike Cirigliano and you've heard from Detective Jerry Rocks, this bill will help that enabling of people becoming addicts and the drug problem in our City by taking one small bite out of this problem. And I just leave you with this one last anecdote. I know my law school college here, AJ Thompson -- we actually went to law school together -- ended with 57 10/26/06 - L&I - BILL 060345 an anecdote, and I would like to end with an anecdote as well. I'll tell you, as an ADA firsthand, I used to go out to Fishtown and I saw AJ Thompson out there on the front lines, with the community, fighting to end these problems, and I thank members of Council for taking this issue up and trying to help end this problem. But the anecdote I would like to end with is actually the anecdote of a wise man. You can picture that as the wise members of Council, whether it be wise Councilwomen or wise Councilmen. The wise man and the young arrogant boy. And the young arrogant boy is walking down any street in Philadelphia and sees a bird flying by and catches this bird out of the sky and holds it in his hand behind his back, and he walks up to the wise Councilman or Councilwoman and says, I bet you don't know what I have in my hand. And the wise Councilperson 58 10/26/06 - L&I - BILL 060345 says, You have a bird. I saw you catch this bird in the sky and put it behind your back. You have a bird. So the arrogant boy goes back to that Councilperson and says, Well, I bet you can't tell me if it's alive or dead. So the Councilperson steps back and says, Let me think. If I tell the boy the bird is alive, the boy is going to crush the bird's neck with his hand and show him a dead bird. If I tell the boy the bird is dead, the boy will then open his hands and let the bird fly away. So the wise Councilperson goes back this young arrogant boy and says, Son, it is in your hands. Ladies and gentlemen of City Council, it is in your hands. It was in your hands to sponsor this bill. Now it is in your hands to pass this bill. So thank you very much. )
Thank 59 10/26/06 - L&I - BILL 060345 you very much for coming in. Are there any other questions from members of the Committee? Councilman Kelly.
He's the wise Councilman that you were referring to.
Mr. Thompson, I just want to go on the record as far as your comments about geese.
No. I know that. But I just wanted to make it crystal clear that I am not out to ban any food product whatsoever, but what I am going to do is to stop the torture of any animal, and that includes geese, ducks and anything else. But I want to thank you for your comments. 60 10/26/06 - L&I - BILL 060345 Scott, I just want to say that we miss you. You did a terrific job in that DA's office. You really did.
Thank you very much, gentlemen. I would just like to note that we received a letter of support from State Representative Dwight Evans and I would like to have that read into the record.
Next witness is Dorothy Johnson-Speight, Mothers in Charge, and Craig Heiler.
Excuse me. Do you think -- right now there are other Councilmembers that have other duties -- that we can keep this about five minutes?
61 10/26/06 - L&I - BILL 060345 Absolutely. I'll be brief.
Thank you, ladies and gentlemen. Please state your name for the record.
My name is Craig Heiler. I represent Presbyterian Medical Center. I'm a drug and alcohol counselor.
My name is Pastor Dicey. I'm a member of Mothers in Charge.
My name is Dorothy Johnson-Speight. I'm Founder and Executive Director of Mothers in Charge.
Good morning. I am thankful to Council and the Director of Not in My Neighborhood to provide testimony this morning on the anti-drug paraphernalia bill. I'm here 62 10/26/06 - L&I - BILL 060345 to support that bill. I first met Detective Rocks when he brought a very informative presentation to the Mothers in Charge community meeting. I couldn't believe what I saw during this presentation, just as he just demonstrated a few minutes ago. The types and amounts of different paraphernalia was mind blowing. I never saw or knew that there were so many different colors, flavors and smells, eye-catching types of drug paraphernalia. What was so disturbing was that it was clear that the paraphernalia was designed and marketed for our youth, with the smell and the aroma and the colors and things like that. It was designed to promote drug use among our youth. With easy accessibility at the corner store or on their way to elementary, middle and high schools, it's so disturbing to me that that should be there. After his presentation, I then noticed that whenever I stopped for gas 63 10/26/06 - L&I - BILL 060345 or ran into a convenience store, there were a whole array of this stuff all over the counter for everyone to see, like a commercial, and I thought how is this legal? It's promoting and suggesting that illegal drugs are okay and it's okay to smoke marijuana. Because we know that folks aren't smoking cigars like that. Marijuana is a gateway drug. That means kids begin smoking young because they think it's cool with the different flavors and aromas and colors. And before that, before long, it leads to other types of illegal drug use. Mothers in Charge is a group of mothers, grandmothers, aunts and sisters, many of whom have lost our sons and daughters to violence, and often times the violence goes hand in hand with the drug use. Mothers in Charge sees the fallout of young people beginning to smoke marijuana, this gateway drug, leading to more serious and deadly drugs, then which, in too many cases, leads to 64 10/26/06 - L&I - BILL 060345 crime, incarceration and death. Yes, death because of the money and crime associated with these drugs. We are losing our youth to imprisonment and death at an alarming rate. This year alone, over 300 people have died as a result of homicides because of violence and drugs. It's time that we stop this nonsense in our community. I agree with Detective Rocks, not in our neighborhoods. We can no 14 longer have this type of drug paraphernalia in our communities, in our stores where young people are going every day. We realize that this legislation is not a cure for all drug use and violence, but I believe we need to do whatever we can to stand to make a difference, with taking a solid stand against profiteers in our community that say it's just business to promote this in our communities. We should take a stand 65 10/26/06 - L&I - BILL 060345 against easy accessibility of this drug paraphernalia that ultimately kills our children and our families and our communities. Thank you for the opportunity.
I do want to tell you thank you for just taking this into consideration, because my son, Nicea Ali Matee, was killed two years ago, and he was killed by a friend and he was killed over drugs. I also was the mother that kept my son in jail, because when he was on the corner selling drugs, I had him arrested. So I say to you today, I thank you for what you're doing and taking this into consideration. And I just say again, I commend you on what you're doing and to help us so that we can continue not to lose our children to the senseless crime and the drugs. But we want to say 66 10/26/06 - L&I - BILL 060345 to you thank you so that you can continually help our children to live.
I believe it's us that want to thank you. I'm sure all the members of this Committee thank you for the wonderful job that you're doing and the care that you're taking to protect the children and taking the time to come in here today. Yes, sir.
Yes. First and foremost, just let me say that I work on the front lines in direct contact with people who suffer from addiction disorders and I speak on their behalf. When Mr. Rocks called me, I sat down at my computer and within five minutes, I came up with some drug paraphernalia that maybe too many people aren't familiar with. Gas masks that can be converted into crack pipes, soda bottles and soda cans that can hide drugs, and lipstick containers that are also sold in some of these convenience 67 10/26/06 - L&I - BILL 060345 stores that can be turned into crack pipes. At the end of this little presentation I put together, there's a marijuana website that lists by name many of the products that were mentioned here today, about how good it is to smoke marijuana through these products. So I think many of the big businesses who sell these products know and very well do it with the awareness that that's what these products are for. It's very typical for me on my way to work to stop into an A-Plus Sunoco and the person in front of me purchase a single blunt and not go around the corner, but directly go outside the store, empty that blunt onto the ground, fill it with marijuana and stand at the bus stop and smoke these products. In my line of business, the products that are before you are considered visual triggers. Many of the clients that I work with, we have to 68 10/26/06 - L&I - BILL 060345 teach them relapse prevention skills. One of the skills we have to teach them is how to avoid these products. They're pretty hard to avoid when they're around every corner you walk. That's all I have. Thank you. (Applause.)
Thank you very much. Are there any questions from members of the Committee? Councilman Kelly.
Madam Chair, due to a previous commitment, I would like to be excused and I would like to go on record as voting for the bill and the amendment to the bill. Thank you.
The next witness is Vivian Crawford, Esquire, and Claudia Sherrod.
Good afternoon, ladies. 69 10/26/06 - L&I - BILL 060345
My name is Vivian Crawford. I'm an attorney in Philadelphia. I'm also counsel to the African-American Heritage Coalition, and you see here with me Tracy Gordon and Paula Peeples, who are also members of that organization. I'm also First Vice Chair of Neighborhood Networks. I'm here to offer my support and offer some testimony on behalf of this ordinance. One of the things that I'd like to explain to you is, I am a former school teacher. So what's interesting to me is that we are actually teaching children bad behavior, and the reason that I say that we're teaching them that is because most of these businesses -- we had a demonstration yesterday about stop and go's. These are places that actually sell these products that we're here about 70 10/26/06 - L&I - BILL 060345 today, but they sell these products and they also sell something else. They sell malt liquor. If you were to look at the ingredients of malt liquor and understand that often there is isobuterol, which is in cigarette lighters, my theory is that what happens is, the chemicals from the malt liquor added with the chemicals from the marijuana together are producing violence. We see a level of violence in this City that is beyond comprehension. And why is it? It's because we have a drug culture here that young kids are actually going into these stores where they buy candy, where they buy potato chips, where they buy little juice bottles, and advertised in these stores are these drug products. Now, the problem that you get is that you're actually training these children that these places are okay to go. For those of us that are a little longer in the tooth and have been around 71 10/26/06 - L&I - BILL 060345 for a while, we know that most of these stores operate using liquor licenses. Those liquor licenses were purchased from taverns. Children were not allowed in taverns. Children could not go in bars. So now you have a store that's standing in the place of what was your local tavern where you had a bartender who kept some order, who knew who his customers were, now you've got these stores that are operating, they're selling malt liquor, which has a higher alcohol content than most of the liquor that people used to drink in the bars. But they add to it they're selling drug paraphernalia. And so we demonstrated yesterday and we saw some people going in, buying their beverages, they go outside and they drink it. They don't have public bathrooms. So what you have now is, you've got people standing outside, smoking these substances, drinking beer, and we all know what 72 10/26/06 - L&I - BILL 060345 happens when you drink beer. There's no 3 public restrooms. So our whole neighborhoods become toilets. (Applause.)
So in the summertime when that body fluid gets hit by the sun, it makes our community a place where nobody wants to live. So what I'm saying to you is that drug paraphernalia, malt liquor, it's all tied together. I support this. I'm asking you to take a look at what it's doing, because no matter where we live, the reality is as long as we are allowing drug trafficking to continue the way that it is and allowing these young kids to get high -- because, you see, it's in kid flavors. It's in pineapple. I don't drink pineapple soda. So we already know that they're targeting young people. There is a tobacco master settlement agreement which says that youth are not to be targeted. We 73 10/26/06 - L&I - BILL 060345 actually have things, statutes, that are on the books that need to be enforced. These products target youth. They're in youth-friendly flavors. And so that if we allow this to happen in a store, just as some of the other witnesses have testified, if a kid witnesses mommy going into the store where she buys a loaf of bread and a stick of butter and at the same time this kind of paraphernalia is available, you are teaching a behavior to these children that we are suffering under. So I would appreciate if you would look at this and also do something about banning the sale of loose cigarettes.
I agree with you 100 percent. They have to boycott. We have to boycott stores such as that. They have to know that you mean business. I like the sign, "We will shut you down," and that's what we have to do. We have to get the group of people 74 10/26/06 - L&I - BILL 060345 together, and by boycotting the particular store that sells them, put them out of business.
That's right. And they're open until 3, 4 o'clock in the morning. It's awful.
Ma'am, let me just tell you, loose cigarettes are banned in this legislation. I appreciate you bringing it up.
Loose cigarettes have always been banned, haven't they?
They've always been banned, because that's a whole purpose -- there's another tax issue that you people are not looking at here. 75 10/26/06 - L&I - BILL 060345 Because if they open up a pack of cigarettes and sell them loose, we don't know what state they bought those cigarettes in. They could be going down to North Carolina and bringing back cheap cigarettes and thereby avoiding the whole revenue process in Pennsylvania, because you have to have tax stamps on packs of cigarettes. So it's a revenue stream that's being lost as a result of loose cigarettes also.
Thank you very much. I appreciate your testimony. (Applause.)
Hi. My name is Tracy Gordon. I just want to also say in addition to what they're lacing the blunts with, they're lacing them with PCP, which is angel dust. They're lacing is with oxycodone. They crush it up. And they lacing it with cocaine. So it's not just marijuana that they're lacing it with. 76 10/26/06 - L&I - BILL 060345 Also, loose cigarettes, "loosies," any responsible smoker do not buy loosies. They buy a pack. That means they're targeting our mentally ill, our physically addicted and our children. I see them selling the Black and Milds in the loose cigarettes. That should also be stuck on that board. In addition, we went just a few weeks ago -- I don't know if you heard. A 52-year-old woman was driving by with her husband, minding her own business, and she gets shot dead because a fight stems out from one of the stop and go's that we had shut down, which was reversed, in Southwest Philadelphia on 60th and Upland called Salt and Pepper. I just went by there with my youngest son to take some pictures so we can have proof, and they just put out a huge poster board sign, which is illegal, that states -- it's called Sparks, a high-energy drink, like a Red Bull, but it got alcohol in it now, for $1.50. 77 10/26/06 - L&I - BILL 060345 Now, who are they targeting that for? Because it was down in eyesight for our kids to come by and say, what, or our young adults, high-energy drink. By the time they drink those in the morning or afternoon, they're not thinking about school. And I just want to close with this: I appreciate Councilman O'Neill for bringing this and the Committee here. And, Darrell, I wanted to say that they have not -- they refuse to comply with the last legislation that you had proposed that they are supposed to close at 11 o'clock. If they are 80 percent on the corner of a residential block, no one, I mean no one -- that goes for the stop and go's, that goes for the Chinese stores and most of these grocery stores -- have not complied with that. I'm trying to figure out how in the world is a city that's trying to grow into the 21st century is allowing them to open up -- and we have police on the 12th 78 10/26/06 - L&I - BILL 060345 District and we have assured the police that have to stay out there monitoring it, because during that time that they are open, it's when most of the tragedies and the shootings go on. But technically they're supposed to be closed, and I told the police officer. He didn't know. I told Sylvester Johnson. He didn't know. And this was last year that you passed this. They are not closing at 11 o'clock. What must it take for them to comply with the laws of the United States of America? What must it take?
My name is Claudia Sherrod. Thank you for allowing me to spend a few minutes just to virtually say I am very, very much in support of the anti-drug paraphernalia bill. I really didn't know anything about it until about three days ago, and 79 10/26/06 - L&I - BILL 060345 I just had to come up and say -- I represent not only Point Breeze Community Development Coalition, South Philadelphia Homes and Grays Ferry -- we are very, very much aware of the problem. We're working on it on the committee and we are really, really stopping these corner stores from being open after o'clock. 10 Sitting in between these two 11 powerful ladies, there's very little that I have to say, except that we support it. We ask for you to continually support us so we can save our children.
Are there any questions from members of the Committee? Councilman Clarke.
Thank you. Thank you, Madam Chair. I would just like to commend 80 10/26/06 - L&I - BILL 060345 these ladies for the diligent work they've been doing, not just in this particular issue, but over the years. I happen to have been friends with one of them way, way back. They're consistently on the forefront of dealing with the quality of life in the community. I want to thank you all for continuing the struggle. I continue to say we need a few more brothers stepping to the plate, and I'm going to keep on saying that until we figure out a way to get there. With respect to the enforcement of the bill that was passed, at some point in time, Madam Chair, I would like to ask Mr. Haigler from L&I to come up and talk about if there are in fact problems as it relates to enforcing the bill. If there needs to be some additional enforcement mechanisms put in place, we need to know that, because, frankly speaking, I actually have had discussions about expanding that 81 10/26/06 - L&I - BILL 060345 particular legislation to include certain commercial corridors, because we think that not only the problem is associated with residential neighborhoods, but has been documented when you talk to police that these particular locations, some of these type of operations on commercial corridors are the place of choice as it relates to people who are gambling on the street and smoking these blunts that we're talking about now and drinking, because these are the only places that are open until the wee hours of the morning, and I think that we need to address that above and beyond the residential restrictions. So, again, thank you all for your work, and we look forward to working with you on this issue.
Thank you very much, ladies. I appreciate your testimony. I believe that's the end of our -- anyone else to testify? 82 10/26/06 - L&I - BILL 060345 Yes, sir. Good afternoon.
Good afternoon, Councilwoman Krajewski and members of the Committee. My name is Mark Harrell. I'm the Executive Director of Men United for a Better Philadelphia. I just want to say on the record that Men United for a Better Philadelphia supports this legislation and applaud the fact that City Council has unanimously signed on it to make sure that this is going to happen. One of the top calls that we get as an organization is from the residents of Philadelphia asking us to come out to the communities where there are these stop and go's and stores on the corner of their blocks that provide these kind of items to the youth in their communities, and I think that with the passage of this legislation, it will certainly make what we do in the streets a lot easier, but the other thing is that it will make Philadelphia a lot safer 83 10/26/06 - L&I - BILL 060345 place to live. And I think that the residents of this City will see that Council is working in their best interest. So for the record, I just want to say that Men United for a Better Philadelphia wholeheartedly supports and appreciates the fact that City Council sees what we see and hears what the residents of Philadelphia are saying. Thank you.
Thank you very much for coming in. Are there any questions? (No response.)
I believe that's the end of our public hearing at L&I. Now we will go into our public meeting. Councilman O'Neill.
Madam Chair, I move the amendment to Bill No. 24 060345 that I discussed in the public hearing and which has been circulated 84 10/26/06 - L&I - BILL 060345 both with the stenographer and every member of the Committee. (Duly seconded.)
Therefore, this bill will be amended. The Chair recognizes Councilman O'Neill for the purpose of voting the bill out with the amendment.
Thank you, Madam Chair. I move that Bill No. 060345 as amended be reported out of this Committee with a favorable recommendation and also a recommendation that the rules of Council be suspended to allow first reading at our next session. (Duly seconded.)
All 85 10/26/06 - L&I - BILL 060345 those in favor? (Aye.)
Now, therefore, Bill 060345 will be voted out of this Committee as amended with a favorable recommendation at our next session of Council. (Applause.)
I want to thank all of you for coming in to testify. Thank you. That ends our hearing at L&I. (Committee on Licenses and Inspections adjourned at 2:25 p.m.) - - - 86 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 October 26, 2006, 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.)