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Minutes

Stated Meeting, October 20, 2005

Philadelphia City CouncilOct 20, 2005

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Councilman O'Neill

Second, and I'd like to be heard on it.

Council President Verna

The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, it's my understanding that the local community is opposed to the decision or the recommendation to approve this application, and I'll be voting no. Again, if any other members have contrary information, I'd appreciate hearing it.

Council President Verna

Thank you. You all heard Councilman O'Neill's remarks. Does anybody have any further information on this? The Chair recognizes Councilman Ramos. 39 APPLICATIONS

Councilman Ramos

Madam President, I concur with the expressions. I come from segments of the community in opposition to the licensing of this establishment.

Council President Verna

Okay. A motion was made. We did not get a second. Oh, Councilman O'Neill, you did second it.

Councilman O'Neill

Yes.

Council President Verna

All those in favor will say aye. (No response.)

Council President Verna

Those opposed? (No.)

Council President Verna

The Chair again recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I offer another resolution on your behalf.

Council President Verna

Thank 39 APPLICATIONS you. The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution rejecting the Hearing Examiner's recommendation and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: Shin's Market, 2248 Ridge Avenue.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

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

Council President Verna

It has been moved and seconded that the resolution rejecting the Hearing Examiner's recommendation be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? 39 APPLICATIONS (No response.)

Council President Verna

The ayes have it. The resolution is adopted. Also, the record will reflect that Councilman Clarke recused himself. We will now consider application BPA2005-437, Northeast Deli located at 6518 Castor Avenue. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I offer one resolution on your behalf.

Council President Verna

Thank you. The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving the following application for a permit to sell malt and brewed beverages for consumption off premises: Northeast Deli, 6518 Castor Avenue, Philadelphia 39 APPLICATIONS 19149.

Council President Verna

Thank you. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Madam President, I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, the resolution is adopted, and the record will reflect that Councilman Mariano did in fact recuse himself. The next application, No. 39 APPLICATIONS BPA2005-461. The name of the establishment is 7401 Kim and Kim Inc. located at 7401 Stenton Avenue. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Madam President, I offer one resolution.

Council President Verna

The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: 7401 Kim and Kim, 7401 Stenton Avenue, Philadelphia 19150

Council President Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Madam President, I move for the adoption of the resolution. (Duly seconded.) 39 APPLICATIONS

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. We will now consider application BPA2005-536. The name of the establishment is Lyric 99 Inc. located at 6000-6002 Haverford Avenue, and the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I offer one resolution on your behalf.

Council President Verna

The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution 39 APPLICATIONS accepting the recommendation of the Hearing Examiner and approving with conditions the following application for a permit to sell malt and brewed beverages for consumption off premises: Lyric 99, 6000 to 6002 Haverford Avenue.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Madam President, I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Yes, Madam President. I concur with the opposition of the local community on this, and I will be voting no. Thank you.

Council President Verna

Okay. Did we have a second?

Councilwoman Tasco

Second.

Council President Verna

It has been moved and seconded that the resolution be adopted. 39 APPLICATIONS All in favor will indicate by saying aye. (No response.)

Council President Verna

Those opposed? (No.)

Council President Verna

Since everyone is in opposition, I would ask Councilwoman Blackwell to please present another resolution.

Councilwoman Blackwell

Thank you, Madam President. I introduce another resolution on your behalf.

Chief Clerk

A resolution rejecting the recommendation of the Hearing Examiner and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: Lyric 99, 6000 to 02 Haverford Avenue.

Council President Verna

Thank you. The Chair recognizes Councilwoman Blackwell. 39 APPLICATIONS

Councilwoman Blackwell

Madam President, I move for the adoption of this resolution.

Council President Verna

Do I hear a second? (Duly seconded.)

Council President Verna

It has been moved and seconded that this resolution be adopted, and that would be rejecting the Hearing Examiner's recommendation. All in favor will please indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

And the record will reflect that Councilman Nutter has recused himself from this.

Council President Verna

The next application is BPA2005-756. The name of the establishment is New 17th Inc. located at 2501 North 17th Street. 39 APPLICATIONS The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I introduce one resolution on your behalf.

Council President Verna

The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: New 17th, 2501 North 17th Street, Philadelphia 19132.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the 39 APPLICATIONS resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, the resolution is adopted, and the record will reflect that Councilman Clarke recused himself on this particular application. The Chair recognizes Councilwoman Miller.

Councilwoman Miller

Thank you, Madam President. Madam President, I need to be excused to attend to Council business. I know I can't leave a vote, but if anybody has any questions about anything in the 8th Council District, my legislative aide, St. Martin Torrence, will be here in the room, and I recuse myself anyway.

Council President Verna

Fine.

Councilwoman Miller

Thank 39 APPLICATIONS you.

Council President Verna

You will be excused. Thank you. The next application is BPA2005-779, Khov-Tieg-Eap Enterprises located at 2001 West York Street. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I offer one resolution on your behalf.

Council President Verna

The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution modifying the recommendation of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: The EAP Enterprises, 2001 West York Street, Philadelphia, PA 19132.

Council President Verna

Thank you. 39 APPLICATIONS The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, the resolution is adopted, and, again, the record will reflect Councilman Clarke has recused himself. The next application number is BPA2005-790, Jimmy's Germantown Place Inc. located at 3509-15 Germantown Avenue. The Chair recognizes Councilwoman Blackwell. 39 APPLICATIONS

Councilwoman Blackwell

Thank you, Madam President. I offer one resolution on your behalf.

Council President Verna

The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: Jimmy's Germantown Place, 3509 to 15 Germantown Avenue, Philadelphia 19140.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor? 39 APPLICATIONS (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, the resolution is adopted, and the record, again, will reflect that Councilman Clarke recused himself. The next application is BPA2005-889, Loav's Inc., 5217 West Girard Avenue. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I offer one resolution.

Council President Verna

The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution rejecting the Hearing Examiner's recommendation and disapproving the following application for a permit to sell malt and brewed beverages for 39 APPLICATIONS consumption off premises: Loav's Inc., 5217 West Girard Avenue, Philadelphia 19131.

Council President Verna

Councilwoman, that's rejecting the Hearing Examiner's recommendation?

Councilwoman Blackwell

Yes, ma'am.

Council President Verna

I just wanted everybody to be aware of that. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)

Council President Verna

Those 39 APPLICATIONS opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. The next application is BPA2005-995, Yuong Enterprises -- I guess I'm pronouncing that right -- Inc., 2201-2207 Ridge Avenue, and the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I offer one resolution on your behalf.

Council President Verna

The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution accepting the Hearing Examiner's recommendation and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: Yuong Enterprise, 2201 to 07 Ridge Avenue, Philadelphia 19121. 39 APPLICATIONS

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

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

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, the resolution is adopted, and, again, the record will reflect that Councilman Clarke recused himself. The next application number is BPA2005-1095, Thorne Corporation, 1315-17 Bainbridge Street, and the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I offer one 39 APPLICATIONS resolution on your behalf.

Council President Verna

Thank you. The Chief Clerk will please read the title of the resolution.

Councilman Dicicco

Point of order, Madam President.

Council President Verna

Yes.

Councilman Dicicco

I will be recusing myself from this vote.

Council President Verna

I know. Thank you.

Chief Clerk

A resolution accepting the Hearing Examiner's recommendation and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: Thorne Corporation, 1315 to 17 Bainbridge Street, Philadelphia 19147.

Council President Verna

I am advising my colleagues that we need nine votes, so I am suggesting that we not -Councilman O'Neill. 39 APPLICATIONS

Councilman O'Neill

Point of clarification, Madam President. On resolutions, my understanding is it's a majority of those present. MR. McPHERSON: We need nine in the room, five for the quorum.

Council President Verna

We need nine in the room. That's what I just said.

Councilman O'Neill

You had said we need nine votes.

Council President Verna

Well, that's what you just said.

Councilman O'Neill

Nine voters, not nine votes.

Council President Verna

Right.

Councilman O'Neill

Okay. Thank you.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. Are we up for the next bill? 39 APPLICATIONS I move for the adoption. Sorry. I'm reading ahead.

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, the resolution is adopted, and the record will reflect that Councilman DiCicco recused himself. The next application is BPA2005-1160. The name of the establishment is 1338 BT Inc. located at 1338 West Cambria Street, and the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I offer one resolution on your behalf.

Council President Verna

Thank you. 39 APPLICATIONS The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: 1338 BT Inc., 1338 West Cambria Street, Philadelphia 19132.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)

Council President Verna

Those opposed? 39 APPLICATIONS (No response.)

Council President Verna

The ayes have it, the resolution is adopted, and Councilman Clarke has recused himself on this application. The next application is No. BPA2005-1338 and the name of the establishment is NGO Belfield Inc. located at 1757 Belfield Avenue. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I offer one resolution on your behalf.

Council President Verna

Thank you. The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving the following application for a permit to sell malt and brewed beverages for consumption off premises: NGO Belfield 39 APPLICATIONS Inc., 1757 Belfield Avenue, Philadelphia 19141.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)

Council President Verna

Those opposed?

Councilman Goode

Nay.

Council President Verna

Councilman Goode is voting no. All other members are voting aye, and the record will reflect that Councilwoman Miller recused herself. The next application is No. BPA2005-1366, H&M Deli located at 800 39 APPLICATIONS East Chelten Avenue. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I offer one resolution on your behalf.

Council President Verna

Thank you. The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: H&M Deli, 800 East Chelten Avenue, Philadelphia 19138.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption. (Duly seconded.) 39 APPLICATIONS

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, the resolution is adopted, and the record will reflect that Councilwoman Miller recused herself. The next application is No. BPA2005-1580, RCP No. 3 located at 105-107 Grape Street. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I offer one resolution on your behalf.

Council President Verna

The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution 39 APPLICATIONS accepting the recommendation of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: RCP No. 3, 105 to 107 Grape Street, Philadelphia 19127.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed?

Councilman O'Neill

Madam President.

Council President Verna

The Chair recognizes Councilman O'Neill. 39 APPLICATIONS

Councilman O'Neill

This is RCP No. 3, 1580?

Council President Verna

Yes.

Councilman O'Neill

It's my understanding that the local community is against this, and I'll be voting no on it. If there's any other information on that, I'd appreciate hearing it.

Council President Verna

Is there any other information on this application? (No response.)

Council President Verna

Exactly where were we?

Councilwoman Blackwell

Madam President, it's time for us to vote.

Council President Verna

No.

Councilwoman Blackwell

Did we vote already?

Council President Verna

We did not.

Councilwoman Blackwell

Then it's time for me to offer another resolution, Madam President. 39 APPLICATIONS

Council President Verna

No. We didn't vote.

Councilwoman Blackwell

That's what I thought.

Council President Verna

I think you moved that the application be approved. Was there a second? I don't recall.

Councilman O'Neill

I'll second it, but I think it was.

Council President Verna

All in favor of the adoption of the resolution will say aye. (No response.)

Council President Verna

Those opposed? (No.)

Council President Verna

With that being in opposition, I would ask Councilwoman Blackwell to please present another resolution.

Councilwoman Blackwell

Thank you, Madam President. I offer another resolution on your behalf. 39 APPLICATIONS

Council President Verna

Thank you. The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution rejecting the recommendation of the Hearing Examiner and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: RCP No. 3, 105 to 107 Grape Street, Philadelphia 19127.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

We are now voting on the adoption of a resolution rejecting the Hearing Examiner's recommendation. All in favor will indicate by saying aye. (Aye.) 39 APPLICATIONS

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. The record will reflect that Councilman Nutter recused himself. The next application is BPA2005-1621. The name of the establishment is Three Main Inc. located at 4245 Main Street. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I introduce one resolution on your behalf.

Council President

Thank you. The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving the following application for a permit to sell malt and brewed beverages for 39 APPLICATIONS consumption off premises: Three Main Inc., 4245 Main Street, Philadelphia 19127.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded and I see that -- all those in favor? Councilman O'Neill.

Councilman O'Neill

This is on Main Street, right, 4245?

Council President Verna

4245 Main.

Councilman O'Neill

Yes. I understand the community is opposed to this and I would be voting no.

Council President Verna

Okay. I believe a motion was made and seconded that the resolution be approved. All in favor will say aye. 39 APPLICATIONS (No response.)

Council President Verna

Those opposed? (No.)

Council President Verna

The no's have it, and I would ask Councilwoman Blackwell to please present another resolution.

Councilwoman Blackwell

Thank you, Madam President. I introduce another resolution on your behalf.

Council President Verna

Thank you. The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution rejecting the Hearing Examiner's recommendation and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: Three Main Inc., 4245 Main Street, Philadelphia 19127.

Council President Verna

Thank 39 APPLICATIONS you. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution rejecting the Hearing Examiner's recommendation be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted, and we will note that Councilman Nutter recused himself. The next application is BPA2005-1645, Woney Inc., 428-430 South 13th Street, and the Chair recognizes 39 APPLICATIONS Councilwoman Blackwell.