Seeing none, are there anymore questions for these witnesses? (No response.)
Seeing none, is there anyone else to testify on this bill?
I don't know if the seller is in the room, but I see at least one of the 75 10/29/03 - RULES - BILL 030564 buyers. I don't know if there's any testimony from them or not. This was introduced on behalf of both the seller and the buyer. And I should say it was done because I was only willing to lift the deed restriction by Council ordinance from industrial if R1 housing was built, which is the highest residential zoning we have in the City which is generally referred to in my area as Chestnut Hill zoning, and they were willing to do that. The seller took a lot less money than the Giant store and the townhouses and strip center would have gotten. The buyers already have a huge investment across the street at the old Bud plant which is now a golf course. They're going to develop the property for high-end single homes which will give more and more people who still want to stay in the City and live in a suburban-like house the opportunity to do that. And I think there's a crying need for it. And, hopefully, this will both help their investment across the street and also be a great development itself. If they want to go on the record and just say they're in favor of the bill, that's up to them. 76 10/29/03 - RULES - BILL 030566
Councilman O'Neill's description, I think, is adequate for the record. Thank you for coming today and thanks for your continued investment.
And I'm going to suspend the Rules because I know they've been waiting for these bills.
Anyone else to testify on these two bills? (No response.)
Seeing none, we will now move to Bill No. 030566, an ordinance to amend Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Academy Road, Morrell Avenue, Black Lake Creek, Berea Street and President Street. Please identify yourself.
Good afternoon, Mr. Chairman and Members of the Committee. For the City Planning Commission, my name is Thomas Chapman. I'm here today to testify on Bill No. 030566. Councilmember O'Neill introduced this bill on September 11, 2003. This bill re-zones portions of the area 77 10/29/03 - RULES - BILL 030566 bounded by Academy Road, Morrell Avenue, Black Lake Creek, Berea Street and President Street in the Morrell Park section of the City. This bill would re-zone several sites in the area which have not been developed to the level permitted under the current zoning designation to designations more compatible and consistent with the existing pattern of development in the community. Currently, this area is zoned partly R2, partly R4, partly R5, partly R6 and partly R12 and class recreational. The distribution of the zoning designations will be changed somewhat through the enactment of this bill. This bill was drafted at the request of Councilman O'Neill in response to community concerns regarding development possibilities within this area. Councilman O'Neill met with the West Torresdale Civic Association on September 2, 2003, regarding this zoning change, and the community voted to support this bill. The Planning Commission at its meting on October 14, 2003, recommended that Bill No. 030566 be approved. That concludes my testimony. I'll be happy to answer any questions from the Committee.
Mr. Chapman, thanks for your testimony. It's very accurate. I would just hope you could add along with me that any changes that are recommended in the comprehensive re-mapping are upgrades of zoning making for more limited use of the property, less dense, wider lots. There's no downgrading going on in this zoning re-mapping.
I would agree with that, Councilman. That's an accurate statement.
Thank you very much. Any questions for this witness? (No response.)
Seeing none, we will now move to Bill 030628, an ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by adding a new Section 14-1628, entitled "Third Councilmanic District Special Controls," prohibiting certain uses in the Third Councilmanic District, under certain terms and conditions. 79 10/29/03 - RULES - BILL 030628 Mr. Chapman.
Councilman Kenney, Members of the Committee, this bill has not been considered by the Planning Commission yet. It was not introduced in time to get on our last agenda, but I'll briefly describe the terms of the bill. Bill No. 030628 amends the Zoning Code by establishing a new Section 14-1628 entitled "Third Councilmanic District Special Controls." This amendment to the Code would ban the sale by a restaurant of malt or brewed beverages from consumption of the premises in the Third Councilmanic District. I believe that we touched on this earlier today. I believe it was Councilmember Clarke mentioned the problem with stop-and-goes in many of the neighborhoods in the City. And the aim of this bill is to get these uses under control in the Third Councilmanic District.
Thank you, Mr. Chairman, and to Members of the Committee. We introduced this legislation because of the many 80 10/29/03 - RULES - BILL 030628 problems we're having, certainly, in West and Southwest Philadelphia with stop-and-goes. We have members of the community who are here and who are happy to testify who have been standing outside of the corner of one stop-and-go for 361 days. Now, our issue is not that -- because we support many stop-and-goes in our neighborhood and certainly we support the generally Asian community and the Asian business folks that operate them. We've always had a wonderful relationship, we do, and Lucien before me with our business owners. But we've reached the point in my district, and I'd like to make my district a pilot, where we feel -- and you may know, Mr. Chairman, because you had hearings before when we coined the term "stop-and-go." It's the same neighborhood where we had problems with the stop-and-go many years ago when we coined the phrase "stop-and-go" and defined it. And now we feel that it is time, much like many, many years ago when we had so many liquor stores in the same neighborhood. The Liquor Control Board came up with ways to deal with that. And so we know it is a long-term solution to count and limit the number of stop-and-goes in one neighborhood. So we view as a 81 10/29/03 - RULES - BILL 030628 short-term possible solution that at least in an attempt to deal with the issue, one, where we accept those that are there but certainly limit new stores opening so that on one block you don't have three or four of the same stop-and-goes selling malt liquor, which is the issue. And that causes so many people to hang in front of stores to do drugs, many stores, not all. But those who do not want to work with the community sell loose cigarettes, loose tobacco, stop-and-goes and we have a great big problem with crime. So it is our goal to support the community in their effort to try to control what happens in their neighborhoods. And certainly, as I said, we support. We have many excellent businesses. We support our neighbors. We support those who want to invest in our area. We believe in the free enterprise of the American system, but we also believe that community members and businesses have to coexist in a cooperative manner and that stores do not have the right to certainly sell products that will create a criminal element and a problem in their neighborhood. Thank you, Mr. Chairman. 82 10/29/03 - RULES - BILL 030628
Thank you, Councilmember. Also, that particular hearing we coined "liquid crack" that was applicable to the malt liquor that's being sold in these stores. I applaud you for your efforts in this pilot program in your district. I am concerned that -- I think it's worth proceeding anyway -- the State may try to circumvent this or to supercede this based on the fact that they believe they're the only ones who can by law can regulate the sale of liquor. But I think it's worth getting this issue before court in the event that the way it goes.
Mr. Chairman, we also have another resolution on the books where we hold hearings on stop-and-goes. And certainly, we want to invite state officials, especially those from the area as well as those who control those committees at the state to join the Council in having those hearings. This is a smaller -- it's like a two-pronged effort. If we try it here and then hold a big hearing on stop-and-goes with the State, maybe we can come up with something that will work.
And we've had some 83 10/29/03 - RULES - BILL 030628 success with the Liquor Control Board in the past in eliminating the sale of pint-size bottles of liquor and also fortified wines in certain state stores that have had community problems associated that kind of sale. So they can cooperative when they want to be. Please identify yourself for the record and proceed.
Greg Spearman. I would like to start with saying, even if the State don't cooperate, I'm asking our representatives, the City representatives to do all that's within our power to enforce whatever they're supposed to do to do. It's not uncommon for these stop-and-goes not to have access to bathrooms. They always say they broke. Not have proper seating. I mean, this is common. You don't even have to go inside the store. The patrons come out and tell you all the time. And what we have to do, we have to sit there with the fallout from these type of procedures that they are allowed to do. I watched state officials come in to monitor a store, go through the whole store. There is no access to the bathroom, and they come out and 84 10/29/03 - RULES - BILL 030628 say the store is okay. It has become acceptable for these practices that these type of establishments have been practicing. It has become acceptable to everyone, even the neighborhoods. And I think it's time for it to stop. There's a new type of thing that they're trying to introduce right now. You have one of the 1500 block of South 16th Street. It's a deli with a bar. The way that they're doing it now, they got Plexiglass up to the bar, so they slide your drink -- 52 and Girard. They got another one right there. They slide your drink through the hole. That's disrespectful. When they catering -- they're target market is the malt liquor drinker. Now, anytime you can go in and you can buy a bottle of malt liquor for $1.75 for 40 ounce, come on now, what do you expect them to do? They couldn't comprehend mobilization and organizing to fight for a bathroom, yet alone understand what this type of liquor is doing to them. Not only is it doing it to them, it's doing to us because the majority of my community, the majority of my community go to work every day. You can look on the 52, you can look on 85 10/29/03 - RULES - BILL 030628 the you subway, you can look on the El. We go to work every day. But it is an acceptable practice from all the agencies to allow these type of people control the atmosphere in the communities. At night, the Mayor had talked about on his bike patrol, how they riding around. These are beacons of light. They put out these awnings. They know they can go in there and buy loosies. We know that. We all know that. They can go in there and buy loosies, but what happens? They let it happen.
A loosie is a cigarette which is unlawful to sell outside of the package. You know you can go in there. We seen the article 16 in the paper about straight shooters, the crack pipes. That's what they are. They stick a rose in there to get around the drug paraphernalia law. That's disrespectful, not only to me, but to you. You know what I mean? That's disrespectful. We have to sit here and accept the practices of these here parasites, because that's what they are. They lazy parasites. And I'm talking about these business owners now. They lazy parasites. All they want to do is turn around and 86 10/29/03 - RULES - BILL 030628 grab a 40 and stick in a bag and take the money. They don't even want to change the grease on their chicken wings. Now, with this new practice of these here type of establishments, now we are supposed to allow our children to go into these establishments which are essentially a bar? It's acceptable now?
We agree with you. We see these problems all across the City. And part of our problem has been the separation of the enforcement of the Liquor Code --
Yes. Remember, though, part of our problem is we need the State to help us to allow the Philadelphia Police ultimately to enforce the Liquor Code because they're the people who are dealing with it on the law enforcement ground level. Because if you have to wait for State Police -- 87 10/29/03 - RULES - BILL 030628
I just want the record to be clear that if we ever get an opportunity to get the State to allow us to deputize our police to enforce the Liquor Code, we can get into those places much quicker. We know the problems that they're causing. We don't have to wait for the State Police to come out there and do an investigation and then do nothing in the end anyway. If we can get these problem bust-out bars and stop-and-goes under our control from a law enforce standpoint, I think we can have a much better effect on shutting them down quickly.
Councilman, if it was a bar without a bathroom, he'd be shut down today. We have L&I. L&I is a very efficient tool to accomplish things. We have City departments. I say bring the 88 10/29/03 - RULES - BILL 030628 powers to bear on them if they refuse to cooperate with us in a respectful manner.
Well, let me tell you what we did a number of years ago and we wound up in court, which we will wind up again; and that's fine. We went out with L&I and shut down -- it must have been 50 stop-and-goes throughout the City, just went in and shut them down. No bathroom, no seating, none of this other stuff. We shut them down, put the orange sticker on the door and locked the doors. And their lawyers ran to court and we wound up paying a fine because we went in there illegally with L&I. We understand the problem, and we want to attack it. But we also want to make sure that we're successful in attacking it and not just get them reopened again, which is what happened the last time. Again, I agree. On the record, I would be happy to vote for this, to do this pilot program in Councilwoman Blackwell's district. And hopefully we can fight this. And if we've got to get in a court, we'll go into court and fight it with her.
And I don't think it would 89 10/29/03 - RULES - BILL 030628 be a real backlash with paying these here fines. But they have to feel the pressure of the City of Philadelphia because its residents are under the pressure. We're tired of smelling the urine. We're tired of seeing the vagrants stand outside. We're tired of the drug sales, right out open drug sales, not only outside the store, but inside the store. These are acceptable practices from us. We blame the State. The State blame us. But we've got to sit with the fallout of all of this type practices. And it's totally unacceptable. We've been on this corner -- it' more than just one group represented up here or community. 360-something days straight, 7 o'clock in the morning to 2 o'clock in the morning or whenever they close. How much more disrespectful can you get? The Asian Beverage Association and the Korean Beverage Association before us committed to support this. Now, how in the world can you do that, to support this, to support the ripping out of the soul of a community?
I mean, these here stores aren't known for anything but selling cheap malt 90 10/29/03 - RULES - BILL 030628 liquor. They're not known for a good sandwich. They're not even known for good chicken wings. I mean, really, they not even known for that. Their grease is dirty. Their store -- half of their stores, they come in now it's almost like mini-franchise. It's a true conspiracy on the minority and economically depressed communities throughout this City. And if we don't take a stand -- we took a stand in our community and we are asking you to take a stand throughout Philadelphia. Stand with us. Let them fine us. But we have to send a clear message that this is totally unacceptable. My house, why should my house -- I mean, how long should I stay there before I look up and see my property value go down? I mean, we cared so much about this issue, we have a member that moved to Cape May, came back up for this hearing just to voice his opinion on this hearing. I mean, we sit here, we keep saying the State. The State what? I want to see L&I go in there. They have problems. Up there at 55th Street, they got a cover off the electrical plate up there. I mean, you know, things can be done and we have to do them. 91 10/29/03 - RULES - BILL 030628
Mr. Chairman, let me note also we go through that all the time. They don't have the tables and chairs. They don't have a bathroom. L&I shuts them down. Then, as soon as L&I comes back in town, then we start over. We go through that all the time. Let me also note that we had a hearing scheduled for Monday where it was this business versus Town Watch. They were suing the Town Watch community organization that Greg Spearman and Cindy and so many others represent, they were suing Town Watch for complaining about them being on that corner. The case was just finally dropped on Monday and they said they're rehiring another lawyer so that they can sue the Town Watch. There's another case where they're suing me and Town Watch.
I've been in court with you. I saw judge just reverse everything that L&I did and sent us out the door. That doesn't mean we're not going to go and do it again but --
Now, the guy can sit there -- Asian Beverage Association allows them to sit 92 10/29/03 - RULES - BILL 030628 there and sell drugs all night. They don't say anything. Let me tell something about this here corner. They haven't had a hundred customers in the last year. They haven't had -- we essentially shut them down just through peaceful boycott. We're not vigilantes. The message has came across clear. But they support this type of activity and yet they allow these boys to set up on the corners and sell drugs. You never hear them coming in saying, "Well, you know, let's sue them." We're coming in peaceful, we coming in respectful. Any sensible business owner, if you see an entire community saying "I want fish," and you got five people saying, "I want hot dogs," you would sell the fish. But this is how much disrespect, not only they have for us, but they have the entire Philadelphia, period, because we haven't figured out a way to stop these here parasites from --
Thank you. Thank you very much. 93 10/29/03 - RULES - BILL 030628 Identify yourself for the record.
My name is Ruby Grant. I'm a resident in that community. I'm also a protester. And just to piggyback off of what Mr. Spearman was saying, I mean 300 and some days we've been out there in all types of weather. Basically that community is homeowners. People have been in the community for 30, 40, 50 years. And we're just tired of people coming into our community taking us for granted and just figuring that they can do whatever they want to do and it's okay. We need support from our City officials, from whomever we can get support from. This is a serious problem. And it's not just in our community; it's all over the City, where they come and they open these businesses, they sell drug paraphernalia, as Mr. Spearman stated. And I'm a grandmother. I have grandchildren. They're our future in that community and we need help. That's all I need to say.
My name is Cynthia Preston. 94 10/29/03 - RULES - BILL 030628 I represent the police mini station which is operated by all volunteers and Town Watch. To piggyback on what Greg Spearman said, I dealt with the Liquor Control Board numerous and numerous times. It got the point where we need you to put into effect, because they're constantly coming back saying that it's the City permit usage here, there, everywhere. Some delis are allowed to have seating. How much, nobody knows. They tell you 30 percent. To get around seating, they will put items on the floor such as cases of sodas, box goods, canned juices, so therefore there is no 14 seating. Now as a rule, I don't know now if it's still stand, but if you had a liquor license, you must have an entrance and an exit. And any children being served without an adult was a total violation. I had a committee that went in a deli every day for two and a half years to purchase a pack of crackers just to count the seating, see if they could go to the bathroom or see if they could get a glass of water. And no bathroom, no glass of water, and nowhere to wash your hands. And the children are being caught up in 95 10/29/03 - RULES - BILL 030628 this. And anytime you know something is operating illegally, why are they granted the permits and the method to open up the doors when it's not even set in tone from the beginning? And law enforcement, they gonna shove it back to you. Then you tell us what to do. And the same thing, we're going to go 361 days more? I have a deli with a problem. It even had a murder took place outside it last year. I mean, I watch it from my mini station. If I'm in there hours, I can tell you 13 incidents in 14 13 hours. And I don't think nobody should have to live 14 under them circumstances because every one of them at one time or another was a bar that was closed down to violations and issues, but they come in a deli. So how long are we supposed to be subject to it?
Deacon Marvin T. Moy, Sr., Bethany Baptist Church. Reverend Barnes is my pastor. I'm the young man, I stress young man, that Greg was speaking moved to Cape May. I'm in the 96 10/29/03 - RULES - BILL 030628 process of moving to Cape May. The whole thing in a nutshell is I'm not going to leave Philadelphia until, hopefully, we can get these issues resolved. This is my home here. As a matter of fact, we've been in Larchwood Avenue 38 years. As a matter of fact, I believe the Councilman here used to have in the next block, if I'm correct.
He was a very young man then. He's still a young man. The issue here is the stop-and-goes. Now, I have yet to see a stop-and-go that has done anything positive for the community. Every time you look around, you take our neighborhood, for instance, it's a nice neighborhood and holding up very well. But if we should just let this stop-and-go come in to our neighborhood, you can look around and see all the urban blight that's created. You can see the tax base deteriorating. You can see people moving out. I'm moving because 97 10/29/03 - RULES - BILL 030628 I'm retired. But if I wasn't retired, I'd still be there. To make a long story short. We've met with the merchants, the Korean Beverage Association, et cetera, and they haven't been very true full to us. Councillady Blackwell has worked with us very well. We have spoken to the state, local and even federal authorities. But now, you made a statement, Mr. Chairman, and I want to know how do you or how do we go about getting the local and State Police to work together when especially a lot of times in the small towns, the State Police is the only police they have. So I would believe somehow their ranks might be stretched kind of thin. But somehow we need to work this together because when I spoke to Representative Robuck, he was very helpful, gave me a lot of information. As a matter of fact, if you really want to stop and think about it, the population has decreased somewhat in Philadelphia. And there's only supposed to be, according to the state law, X-amount of stop-and-goes per 10,000 people. I may not be absolutely correct on those figures. 98 10/29/03 - RULES - BILL 030628
And I think that they're exceeding these numbers. And if you stop and you look at it between 52nd, Cobbs Creek, Market and Woodland Avenue, there might be 50, 60 stop-and-goes. We don't need this. We don't need our children just to see cold beer to go. We are more than chicken wings, cold beck and watermelons. Not that anything's wrong with that. But like I'm saying, they are really coming into our community. And it's not that -- I'll speak for me. It's not that I dislike them; I just dislike what they are doing. And what they're doing, as far as I'm concerned, is unacceptable in the community. Not only in West Philadelphia, but throughout the City. Sometime in your travels, just ride down 61st and around Reinhart. That was a nice community. Now it's more boarded up homes around there than they are people living in these housing. You take, 58th and Catherine, it's been about six killings there. And we don't need this. We need the support of the City Council. 99 10/29/03 - RULES - BILL 030628 We need the support of whoever it may be as long as we can get this done peacefully and we can get it done soon, because while we're sitting here in all probability -- look, the organizations or the opposition, however you want to call them, are probably planning something now. So we need your help. We've been out there in the rain, the snow from early morning to late, late night.
Thank you, Mr. Chairman. First, Mr. Chairman, just for the record, I would like to state I am a true believer in chicken wings and watermelon. I don't drink beer, but I do like an occasional different kind of beverage from time to time. More seriously, I mentioned in caucus last week and I stated on the record today, I did grow up in this neighborhood, in Councilwoman Blackwell's district and actually worked at this particular establishment under the previous owners when the Simms family owned the store. It is a very serious issue. I've seen the protest and the demonstration by the neighbors 100 10/29/03 - RULES - BILL 030628 and certainly support their efforts. Mr. Chairman, I have two things. One, I need to leave the Chambers for personal business, so I wish to be recorded as voting aye on all bills that come out of the committee. I don't know if there are any amendments. If there are any amendments, I wish to be recorded as voting eye as well. Lastly, Mr. Chairman, with regard to a Planning Commission matter that would have come before this committee, an RC-6 zoning matter for Cathedral Village Life Care Facility at Ridge Avenue and Cathedral Road, that matter will go forward without any action from this committee which would have needed to have taken by October 31st. The community is in support of it; otherwise, I would have brought that matter to this committee. There is some concern with the Planning Commission being here that the RC-6 process was not carried out in a way that allowed for maximum neighborhood input. So with the Planning Commission here, I wish to put that matter in the record to make sure that neighbors are aware of what's going when the Planning Commission is reviewing RC-6 101 10/29/03 - RULES - BILL 030628 proposals. With that, Mr. Chairman, I wish to be excused and leave my vote as I stated earlier.
This is a Third Councilmanic District Special Controls prohibiting certain uses in the Third Councilmanic District, stop take-out beer delicatessens.
This is prohibiting the operation -- Councilwoman, you want to explain the bill?
I'm sorry, I was talking, Mr. Chairman. You want me to explain what we're asking for in the bill we just discussed?
The witness requested 102 10/29/03 - RULES - BILL 030628 an explanation of what the bill will accomplish.
Thank you. This bill is to deal with zoning issues so as to prohibit additional stop-and-goes from coming anywhere in West and Southwest, anywhere in the Third Councilmanic District. So the law doesn't -- we checked with the Law Department. The law doesn't allow us to take away the rights of those operating now, but it means no new ones come. You know, we're having a problem where we're getting three and four in a block. So this would stop any new ones from coming into our district. Also, as I've said Chairman, who understands because he was with us when we have the argument on the Purple Fox when we coined the phrase "stop-and-go." We also will have joint hearings where we will invite the State to come in with us to testify on these stop-and-goes. We're going to have hearings on those. But we wanted to at least immediately try to give you some relief, especially since they're suing Town Watch, suing me, suing everybody. We wanted to begin doing what we could at our level. And so that is why we want to stop 103 10/29/03 - RULES - BILL 030628 the ability any new stop-and-goes to come in West and Southwest. And my colleagues will consider between now and the time the bill comes up for final vote how they feel about this for themselves as well.
Okay, this type of action, is long-term or can it done rapidly or --
Once the Mayor signs it, it will be immediate. However, I suspect that your friends at the Beverage Associations will be in court challenging the bill.
My name is Mrs. Helen Wright, and I live across the street from the stop-and-go that we have been picketing for over 360 days. I live right across the street from it. We have asked them not to put a stop-and-go there because we don't want a stop-and-go in our community. We have a nice community. I've been living there for 41 years and I plan on staying there until leave this world. And we don't need a stop-and-go there. They bring in all kinds of drugs. We've been on the corner two years to get 104 10/29/03 - RULES - BILL 030628 the drugs off the corner. And get the street cleaned up and they come here with this stop-and-go getting ready to start the same thing over again. And we just will now allow that. We have been boycotting and we will continue to boycott until they leave.
Deacon William Wright, Calvary Baptist Church. This is my wife. I also live at the 400 block of South 55th Street. We do not need this stop-and-go there because of the same things that's been said. I won't repeat it to save time. But L&I close them down again because no 16 corrections have been made to what they were charged with before. Rat droppings. You can look through the window and see mice dead on the floor. And they said they have seating upstairs, but there's no fire escape in the back of the building for anyone to come from upstairs down. There's no bathroom, like was said before. There's a whole lot things that L&I can close these people down right now, and I would like to see this place closed down this afternoon or tomorrow. 105 10/29/03 - RULES - BILL 030628 If they want to get the higher court or whatever, let them do it. But we've been a Town Watch for a long time. I'm the Vice President of Town Watch. I'm Block Captain there for many years. And we don't want this in our neighborhood. When they came there and changed hands, they told me that they was going to remodel, but in a couple weeks they started taking all the meat cases out. So I said, "What's going on?" "We're going to take everything out of here, remodel it, it's going to be back a grocery store." When they unveiled the windows, it was a stop-and-go. Plexiglass, refrigerated flower and whole lot of nothing but beer, so they lied to us from the very beginning. So we don't want them, no 19 pizza stand or no nothing else there. I'd rather see a victory garden there then to see these people put a stop-and-go or pizza parlor there. Thank you.
Thank you very much for coming in and for your testimony. We will assure you that this bill get out of committee today and be passed next week by Council. 106 10/29/03 - RULES - BILL 030628 (Applause.)
Mr. Chairman, we note that Deacon Wright was well, and he's been so long testifying he got ill. But God blessed him to be out here today, and we are happy that he's well enough to be with us. Thank you, Deacon Wright.
Thank you very much. Please identify yourself for the record. MR. FUNCHON (ph): My name is Matthew Funchon (PH), and I am the managing partner, President and Chief Executive Officer of Penn Distributors. First of all, I'd like to thank Mr. Chairperson, the Committee and Councilwoman for allowing me the opportunity to have a few words regarding this matter. If I may, I'd like to give a little bit of background on what our company is all about. Again, we are Penn Distributors. We are a malt beverage wholesaler, and we sell our brands throughout the City of Philadelphia and also in Chester County and in Lower Montgomery County. The brands that we have, we are representative of Anheuser-Busch of the Miller 107 10/29/03 - RULES - BILL 030628 Brewing Company of Beck's North America and several other smaller brands from across the country. We employ 125 people. We are located within the City of Philadelphia, and we work very closely with the Community Development Corp through Roxborough and Councilman Nutter and had committed to that program now for two years. The entire community is very important to us and to our business throughout the area where we operate, and in particular the City of Philadelphia. Just a couple of facts. The malt beverage industry statewide is down over 8 percent this year, and in the City of Philadelphia we think that it is a bit more severe. On that same note, wine and spirits business up double digits throughout the State of Pennsylvania. I believe that's due to a lot of work that's been done by Mr. Newman in the LCB in making environment more consumer friendly. The basic purpose of my visit today is to -- we, as I mentioned earlier, are very, very committed to the community. If there's any abuse and any serious problems that are going on, we want to be a part of the proactive solution. And I think 108 10/29/03 - RULES - BILL 030628 that there are a number of things that we can attempt to do, and I would welcome the opportunity as an industry member to work with this neighborhood group and with you, Councilwoman, if you so desire. I would welcome to have you come and visit our building so that we can talk about some of these issues and come up with proactive solutions to assist the community. That is basically the purpose of my visit today. I know that it's a very serious concern, and we'd like to be a part of the solution to the problem.
Thank you. Thank you very much. We would certainly like to work with you. We'll have my staff attorney get your card, Darwin. What we are interesting in is certainly only having the community respected as business makes its living in that community. And as has been said, this does not prevent any stop-and-go from applying for a variance, so we don't take away their right to operate, but at least it gives the community some say in who is there so that together 109 10/29/03 - RULES - BILL 030628 they and the businesses can forge out a cooperative arrangement. Thank you very much.
Please don't take any offense to this question, but I feel compelled to ask you. Where do you live?
But the reason I raise that is because I just want you to understand what they're living with on a daily basis that really is far removed from what your experience is.
I understand that. And with all due respect, because our business is in the City of Philadelphia, I personally spend a lot of time in North and West Philly and personally witness 110 10/29/03 - RULES - BILL 030628 these issues every day.
We appreciate that. Thank you. Thank you very much. Councilman DiCicco.
Thank you for your testimony. You mentioned that you'd be willing to work with the Councillady and community representatives. And you said you something about some proactive solutions to the problems. Could you share with us today any of those recommendations. I'm curious how you can police, if you will, I guess is the best word I can come up with at the moment, what the conduct of the proprietors of these establishment is about in the various communities other than to stop selling beer? I don't know how also you can do that.
A couple of things. I think that first of all we need to spend more time to come up with solutions. I have a couple of thoughts that I can give you, but certainly I'm not stating in any way that we're in the policing or the enforcement business. I don't think that that's our responsibility.
I guess that's why 111 10/29/03 - RULES - BILL 030628 I'm curious.
But I think that a lot of the things that we do as an industry, if it's battling the underage drinking issue, if it's battling alcohol abuse issues, if it's working with on premise restaurants bars and taverns across the City and the area where we work to educate and train servers of alcohol in the proper serving and when and when not to serve somebody who may be intoxicated. Those type of training and education programs I think could be translated to this trade channel. Would it be a lot of work? Absolutely. Would we have to get industry support at the wholesaler level, at the Asian American License Beverage Association and the Tavern Owners Association? Yes, we would. I think that as many people talked earlier, I think that there's an enforcement issue that has to be stepped up. And I think those are of the things that we need to be talking about as participants and representatives of industry. As an industry, we have backed off of advertising in urban neighborhoods to a large degree of our beer products. Those are the type of things 112 10/29/03 - RULES - BILL 030628 when I talk about proactive and positive solutions. That is what I'm talking about. But obviously, again, as a member of industry and working with the community and working with the committee, I think that we can come up with more solutions, but it's going to take a collective effort.
I thank you for your comments and I respectfully question the ability of this educational program. We know that anyone under the age of is not supposed to be served, however, 13 people do that. And it's not just stop-and-goes. 14 It's across the board. Less advertising, which was 15 done I think by matter of a statute or some bill 16 that had been passed in City Council a number of 17 years ago. And despite all those best efforts, 18 these problems continue and will continue because in 19 a perfect world people who run these establishments 20 would pay more attention to their customer and to 21 make sure that the activity of the customer coming in and out of their facility was in a manner which did not disturb the quality of life in the adjacent community. The bottom line is, in many cases, in most cases, they don't because they're generally 113 10/29/03 - RULES - BILL 030628 people who don't live in the neighborhood. As and Councilman Kenney said, no disrespect to you, not trying to insult you, but these are generally people who do not live in the neighborhood. They're there for one reason and one reason only, which is not a bad thing, to make money. But when they make money by the sale of their products and it interferes in a negative way and a negative impact on the community, then we have to step in and do something about it. So I think that what Councilwoman Blackwell is attempting to do is to at least put some more teeth into the existing laws and to send a clear message out there that this kind of activity and these kinds of establishments are no longer welcome in some neighborhoods. Thank you.
The question I have for the industry, and maybe this is something we can explore, what is the average alcohol content of a normal beer?
Six and a half percent, roughly six and a half percent; six to six and a 114 10/29/03 - RULES - BILL 030628 half.
It would seem to me the only difference between the normal beer and the malt liquor is increased alcohol content and the only reason they have increased alcohol content is to get drunk faster and longer. I don't get -- I don't understand the actual product itself other than to make people drunker quicker. If beer is not enough at 5 percent, what do you need 6 and a half for? And I know some of them are even higher than 6 and a half. There are other ones that way up there. I think 15?
Well, it's industry. My point is other than increased alcohol content, what's the purpose of selling the product other than making people drunker faster?
Well, it's a product that's not just marketed to neighborhoods in North and West Philadelphia. If it's a regular beer product or if it's a malt liquor product, it's sold and made available to consumers of all demographics. So in terms of is it made to get people drunker faster, 115 10/29/03 - RULES - BILL 030628 we'd like to think that with the products that we sell that we don't want anybody abusing our product. If it's regular beer or light beer or malt liquor, we don't want anybody abusing that product and getting drunk. That's why we have all of the education programs out there that we have, and we'd like to pursue that were this group.
Would you be willing to share with us at some point in time in the future the sales demographics of malt liquor products throughout Philadelphia that just your company distributes, how many cases of malt liquor do you deliver Chestnut Hill or to Center City as opposed to how many cases are sold in Northwest, Southwest, South Philadelphia?
It would be interesting to take a look at that. Thank you very much.
I just wanted to say one more thing, Councilman. In fact, I'd like to thank the gentleman for putting the offer out. Collectively, I think we can come up with some good 116 10/29/03 - RULES - BILL 030644 ideas to curb these type of behaviors that these business owners have been putting us through in the community. You almost lost me when he said it wasn't targeted for North and West Philadelphia, because we all know that it is. It's targeted for minority and economically depressed communities, and that's their target market. And we're asking them just to be responsible business owners and other responsible business owners come to the table with us, we come up with a solution. That's all we're asking.
Thank you very much. Thanks for your testimony. The next bill on our calendar today is Bill No. 030644, an ordinance granting permission to the Sisters of the Holy Family of Nazareth to expand their cemetery or place of burial, located at the northwest corner of the former Stevenson Street and the former Torresdale Avenue. Please identify yourself for the record.
Good after Mr. Chairman, and members of the Committee, for the City Planning Commission my name is Thomas Chapman. The short title of this bill pretty much describes exactly 117 10/29/03 - RULES - BILL 030644 what's happening here. Holy Family College which is located in Northeast Philadelphia at the corner at the corner of Grant Avenue and Frankford Avenue would like to expand a cemetery on their property. The cemetery is located roughly at Torresdale Avenue and Stevenson Street. Under the terms of the Home Rule Charter, the expansion of this cemetery is not something that's permitted by permit. It's something that requires approval by City Council through the enactment of an ordinance.
Thank you very much. Please identify yourself for the record.
My name is Albert M. Tantala, T-A-N-T-A-L-A. I'm a consulting engineer working with Holy Family University and the Sisters of the Holy Family of Nazareth. I'd like to bring to your attention that this cemetery was legally established by ordinance 21 of Council on the 15th of August, 1923, that the cemetery predates the Philadelphia Zoning Code, that the original cemetery was approximately 80 feet by 100 feet. The proposed cemetery will be approximately 96 feet by 291 feet. The proposed 118 10/29/03 - RULES - BILL 030657 cemetery expansion has been discussed with the East Torresdale Civic Association. They do not oppose the expansion. The cemetery is not in the hundred year flood plane. Accordingly, ask for your support and to move this bill out of Committee.
Thank you. The Sisters aren't intending to build a Wal-Mart, are they?
Just kidding. Thank you very much for testimony. Any questions for these witnesses. (No response.)
Seeing none, we will now move to Bill No. 030657, an ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by amending Section 14-1621, entitled "Passyunk Avenue Special District Controls," by revising the prohibited uses and the regulations regarding signs within the District.
Good afternoon, Mr. Chairman and Members of the Rules Committee. Once again, for the City Planning Commission, my name is 119 10/29/03 - RULES - BILL 030657 Thomas Chapman. I'm here today to testify on Bill 3 No. 030657. Councilmembers DiCicco and Kenney introduced this bill on October 9, 2003. This bill amends the Passyunk Avenue Special District Control section of the Zoning Code. It expands the list of prohibited uses to include drive-through restaurants, sell-through windows, restaurants that exceed 4,000 square feet in gross floor area, the sale of package beverages and malt beverages, the sale of drugs and cosmetics, sales of variety store merchandise, personal service, sales of life animals, laundries, laboratories, amusement arcades, and after-hour clubs. Sign provisions are also amended that would reduce the total square footage allowed but would now allow projecting signs. The Planning Commission has not yet considered this bill. I would be happy to answer any questions of the Committee.
Thank you very much. Mr. Rivelli, please identify yourself for the record.
Good afternoon. My name is Robert Rivelli (ph). I'm the Executive Director of 120 10/29/03 - RULES - BILL 030657 the East Passyunk Avenue Business Improvement District. I'm glad to be here this afternoon. This is my first time appearing before Council in this new position.
I wanted to briefly describe to you what our organization is. We were formed by Council ordinance in December of 2002 and we are probably the newest special services district in the City. Our purpose is to promote and enhance the retail corridor within the boundaries of the bid and create clean and safe environment. The ordinance authorizes us to asses the commercial and industrial property owners within the district, as you are well aware. Our boundaries are generally Passyunk Avenue between federal and to Broad Street including one block of broad from Passyunk to Snyder Avenues. The reason for this change to the overlay zone is to enhance and protect the special character that makes Passyunk Avenue a unique place to do business. Major public and private investments have been made and continue to be made to protect and maintain the viability of the Avenue. This is a 121 10/29/03 - RULES - BILL 030657 very important neighborhood commercial shopping district, and over the last several years before my arrival here we have seen an encroach of particularly ground floor uses that are not compatible with the retail flavor of the corridor. So we are in support of the proposed changes to the overlay zone. There is one minor change that I would like to make and this was an error on our part. We had made some suggestions to Councilman DiCicco to amend this overlay and made an error in our comments. If you note on Item No. 4 J and K where it lists under prohibited uses on the ground floor, fortune teller establishments and tattoo and body piercing establishments. This is actually duplicated from the original language in the ordinance which prohibits them in their entirety in any part of the building and is not intent to just allow that to occur in the upper floors and on the ground floors, so that was an error on our part and I wish to have that struck from the proposed ordinance.
Okay, great. Thank you for your testimony. 122 10/29/03 - RULES - BILL 030658 Any questions for the witnesses? Councilman DiCicco.
Thank you, Mr. Chair. Mr. Rivelli, I'm sitting here thinking of other prohibited uses and what just came to mind, maybe pay phones. Pay phones generally become very problematic. So I'm going to make that an amendment as well.
A lot of requests I get -- many of the requests concerning pay phones in various neighborhoods is they have them removed. So maybe we should do that, make it a prohibited use so we don't have to deal with removing them at a later date.
Seeing none, we will move to Bill No. 030658, an ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by amending Section 14-1604, entitled 123 10/29/03 - RULES - BILL 030658 "Outdoor Advertising and Non-Accessory Advertising Controls," by adding requirements for the issuance of a permit to erect outdoor advertising and non-accessory signs; in particular, providing that no such permit shall be issued if there is any outstanding violation relating to premises upon which the outdoor advertising sign will be erected or maintained, or if the applicant is delinquent in the payment of any taxes, charges, fees, rents or claims; all under certain terms and conditions. Mr. Chapman.
Good after, Mr. Chairman and Members of the Rules Committee. My name is Thomas Chapman on behalf of the City Planning Commission. I'm here today to testify on Bill No. 17 030658. Councilmembers DiCicco and Kenney introduced this bill on October 9, 2003. This bill amends the Zoning Code relating to conditions for the issuance of permits to erect outdoor advertising signs. If enacted, this bill 22 would provide that permits for the erection of outdoor advertising or non-accessory signs not be issued if there are any outstanding violations for which all legal appeals have been exhausted of the 124 10/29/03 - RULES - BILL 030658 Philadelphia Code relating to the premises upon which the sign is to be erected or maintained. Additionally, the bill provides that permits should not be issued when the applicant is delinquent in the payment of any City or School District taxes, charges, fees, rents or claims unless the applicant has entered into an agreement to pay any such delinquency and abiding by the terms of the agreement. Once again, the Planning Commission has not had the opportunity to consider Bill No. 030658 at this point in time, but this bill is certainly consistent with previous Planning Commission policy regarding the regulation of outdoor advertising signs. That concludes my testimony.
Thank you very much. Any questions from Mr. Chapman? (No response.)
Mary Tracy, please. Please identify yourself for the record.
Good afternoon. My name is Mary Tracy. I am the President and Execute Director of SCRUB, which stands for the Society Created to Reduce Urban Blight. 125 10/29/03 - RULES - BILL 030658 In 1991, SCRUB at the time was a citywide coalition of neighborhood organization, business groups, religious organizations, health, et cetera, that helped get the Bill 1604 passed that controls outdoor advertising here in the City of Philadelphia. I was asked by Councilman DiCicco and Councilman Kenney to weigh in on this issue. And we support this bill because we see that it addresses at least one of the many problems that we currently have with this legislation. I brought along -- I'm a great believer in a picture tells a thousand words. This is a picture that was taken during a survey that we did, and I actually have copies for the committee members. This is, I think, exactly what you're trying to address here. My understanding is you have here a totally abandoned building which violates numerous codes, and yet the nicest thing on that building is actually the outdoor advertising sign. And in this particular case, it's not permitted. In the survey that we did which we actually chose two Philadelphia neighborhoods 126 10/29/03 - RULES - BILL 030658 Tacony-Bridesburg and Belmont-Mantua. And in Belmont-Mantua we found that of 56 billboards, 50 of them were un-permitted; in the Tacony-Bridesburg, 76 billboards, and of them, 45. So you're looking at 59 percent and an 89 percent non-permitted situation here in Philadelphia. The interesting thing I think is that because of our report, L&I actually started to cite a lot of these illegal signs. And then you find that the billboard company finally, after having these signs up there illegally for, we don't know how many years. Now they go to get the permit. And this process is -- it seems to me those signs should come down, first of all. These buildings many times are in places where signs are prohibited. They're within 300 feet of residential property. They're within 660 feet of parks and playgrounds and schools. They're in districts that are really trying to restore the economic and residential quality of the neighborhood. And yet when they go to get their permits, they are allowed to keep those signs up while they're seeking the permits. So it would be my request at some point for this Council to really look at this policy because these aren't signs -- as we move forward in trying to 127 10/29/03 - RULES - BILL 030658 rehabilitate our neighborhoods, this is not the message that's going to bring folks in. But I know this bill doesn't address that. It simply addresses the fact that if you are going to apply for a permit to finally legalize your sign, then, A, you need to pay your taxes and fix the building up and. I would hope that that actually includes taking that sign down before you can get a permit, but I'm not quite sure if it addresses that.
Thank you, Ms. Tracy for your testimony. There are many bills out there. There is one bill in particular that addresses the issue of the vacant blighted buildings that has been on the books for about three years now. And I'm happy to say, just last week L&I sent a letter to the owner of the building similar to that example you show -- the building I'm talking about does not have a billboard on it but is a vacant building that's been boarded up. The bill I'm talking about requires the owner of the building to replace every door and window with a door and or window rather than just be boarded up. They finally sent a notice to a property owner on the 700 block of South Warnock Street and within 48 hours the owner has 128 decided to put a sale sign up. He's just been speculating for years waiting for the value to go 4 up at the expense of the other folks on that block 5 to make a windfall. So $300 a day per window per 6 door for every day that those windows are not 7 replaced has caused him to get religion all of a 8 sudden decide to sell building, so there is 9 something that addresses that as well as what I hope 10 this bill does for the other purposes of removing 11 some of the blight. Thank you. 12
Thank you very much. 14 It's nice being on the same side, isn't it. 15
It is nice being on the same 16 side. And I think we are on many, if not most. 17
Thank you very much 18 for your testimony. 19 Anyone else to testify on this bill? 20 (No response.)
Seeing none, that will conclude the public hearing on Rules Committee. - - - - COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING 129 COMMITTEE ON RULES - - - - Wednesday, October 29, 2003 - - - - Public meeting conducted by the Committee on Rules, held in Room 696, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILLS 030395, 030488, 030564, 030565, 030566, 030628, 030644, 030645, 030657, 030658. PRESENT: COUNCILMAN JAMES KENNEY, Chair COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL CLARKE COUNCILMAN FRANK DICICCO 130
We will now convene a public meeting. (Pause.) The Committee on Rules public meeting IS now in session. The Chair recognizes Councilmember O'Neill for a motion on Bill No. 030395.
Thank you, Mr. Chairman. Mr. Chairman, I move that Bill 030395 be reported out of this committee with a favorable recommendation and a recommendation that the rules of Council be suspended to allow for first reading at our next Session. (Duly seconded.)
There are none opposed. Bill No. 030395 reported out of the Committee favorably. A request will be made for rules suspension to allow for first reading at our next Council Session. The Chair recognizes Councilman DiCicco 131 for a motion on Bill 030488.
Thank you, Mr. Chairman. I move that Bill No. 030488 be report the out of this committee with a favorable recommendation. (Duly seconded.)
There are none opposed. Bill No. 030488 reported out of the Committee favorably.. The Chair recognizes Councilmember O'Neill for a motion to approve the amendments to Bill 030564.
Mr. Chairman, I move that the amendments to 030564 that was read in the record by the Assistant Solicitor be approved. (Duly seconded.)
There are none 132 opposed. The amendment to Bill No. 030564 is approved. The Chair recognizes Councilmember O'Neill for a motion on the amended bill.
Mr. Chairman, I move that Bill 030564, as amended, be reported out of this Committee with recommendation and also a recommendation that the Rules of Council be suspended to allow for first reading next session. (Duly seconded.)
There are none opposed. Bill No. 030564, as amended, reported out of the Committee favorably. A request will be made for rules suspension to allow for first reading at our next Council Session. The Chair recognizes Councilmember O'Neill for a motion to approve the amendment to Bill 030565.
Mr. Chairman, I move 133 that Bill 030565 be amended to reflect the change in the maps that were handed up by the Planning Commission. (Duly seconded.)
There are none opposed. The amendment to Bill No. 030565 is amended accordingly. The Chair recognizes Councilmember O'Neill for a motion on the amended bill.
Mr. Chairman, I move that Bill 030565, as amended, be reported out of this Committee with recommendation and also a recommendation that the Rules of Council be suspended to allow for first reading at our next session. (Duly seconded.)
There are none 134 opposed. Bill No. 030565, as amended, reported out of the Committee favorably. A request will be made for rules suspension to allow for first reading at our next Council Session. The Chair recognizes Councilmember O'Neill for a motion on 030566.
Mr. Chairman, I move that Bill 030566 be reported out of this Committee with recommendation and also a recommendation that the Rules of Council be suspended to allow for first reading at our next session. (Duly seconded.)
There are none opposed. Bill No. 030566, as amended, reported out of the Committee favorably. A request will be made for rules suspension to allow for first reading at our next Council Session. The Chair recognizes Councilmember DiCicco to make a motion to amend Bill 030628. 135
Thank you, Mr. Chair. I spoke to the sponsor of the bill, Councilwoman Blackwell. I'm offering a friendly amendment to this bill to include the 1st Councilmanic District as a district that would come under the special controls. (Duly seconded.)
Bill No. 030628 will be amended accordingly. The Chair recognizes Councilmember Clarke for a motion on Bill No. 030628.
Thank you, Mr. Chair. I make a motion that Bill No. 030628, as amended, be reported out of Committee with a favorable recommendation and a request for a suspension of the Rules. (Duly seconded.)
There are none opposed. 136 Bill No. 030628, as amended, reported out of this Committee with favorable recommendation. A request will be made for rules suspension to allow for first reading at our next Council Session. The Chair recognizes Councilmember O'Neill for a motion on 030644.
Mr. Chairman, I make a motion that Bill 030644 be passed out of this Committee with a favorable recommendation, also a recommendation the Rules of Council be suspended to allow first reading at our next session. (Duly seconded.)
There are none opposed. Bill No. 030644, as amended, reported out of this Committee with favorable recommendation. A request will be made for rules suspension to allow for first reading at our next Council Session. The Chair recognizes Councilmember DiCicco to approve the amendments to 030657.
Thank, you Mr. 137 Chairman. I move that the amendments to Bill NO. 3 030657 that have been circulated to this Committee, including a late amendment by myself to include pay phones as a prohibited use be reported out of this committee with a favorable recommendation. (Duly seconded.)
The amendments to Bill No. 030657 are approved. The Chair recognizes Councilman DiCicco for a motion on the amended bill.
Thank you, Mr. Chair. I move that Bill No. 030657, as amended, be reported out of this committee with a favorable recommendation and a further recommendation that the Rules of Council be suspended. (Duly seconded.)
There are none opposed. 138 Bill No. 030657, as amended, reported out of this Committee with favorable recommendation. A request will be made for rules suspension to allow for first reading at our next Council Session.
The Chair recognizes Councilman DiCicco for a motion to approve the amendment to Bill No. 030658.
Thank you, Mr. Chairman. I move for the adoption of the amendment to Bill No. 030658. A copy of the amendment has been circulated to everyone. (Duly seconded.)
The amendment to Bill 18 No. 030658 is approved. The Chair recognizes Councilman DiCicco for a motion on the amended bill.
Thank you, Mr. Chair. I move that Bill No. 030658, as amended, be reported out of this committee with a favorable recommendation and a further recommendation that the Rules of Council be suspended. 139 (Duly seconded.)
There are none opposed. Bill No. 030658, as amended, reported out of this Committee with favorable recommendation. A request will be made for rules suspension to allow for first reading at our next Council Session. Bill No. 030645 will held to the call of the Chair. Thank you for your attendance today. (Council adjourned at 3:46 p.m.) 140 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 October 29, 2003, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE ON RULES _________________________ Lisa C. Bradley, RPR