(1) Every person desiring to engage in or to continue to
engage in any business within the City of Philadelphia shall, whether or not
such person maintains a place of business in the City, prior to engaging in such
business, procure a business privilege license from the Department of Licenses
and Inspections.
(2) Two (2) types of business privilege licenses as
required by subsection 19-2602(1) shall be issued, subject to all other
provisions of this
Section;
[348] (a) A
permanent license shall be issued upon payment of a fee of two hundred (200)
dollars.
(b) A temporary license, valid for a period not to exceed
three (3) consecutive days and not renewable, shall be issued upon payment of a
fee of one hundred (100) dollars.
(3) The Department of Licenses and
Inspections shall promulgate such regulations as it deems proper to regulate the
form and manner of issuing and revoking such licenses and the imposition of
sanctions set forth in this Chapter for operating without, or in violation of
the conditions of, a valid license. Such regulations may provide for the
imposition of sanctions on one or more of the premises operated under a
particular license, depending on the breadth of occurrence of the violative
behavior.
[349] (4) Every
person required to procure a license under this Section shall as a condition to
the receipt or retention of the
license:
[350] (a) file
all required returns and make payment of any monies due and owing as a result of
all taxes imposed by City or School District of Philadelphia or, if delinquent
in the payment of taxes, interest or penalties, enter into and be in compliance
with a payment agreement with the Department of Revenue or the Law Department;
and,
(b) refrain, under color of such license, from selling,
transferring, delivering or manufacturing, drug paraphernalia, in violation of
the provisions of the Act of December 4, 1980, P.L. 1093, No. 186, Section 2, 35
P.S. 780-113(a)(32) and (33) or, under color of such license, from leasing real
estate to a person knowing, or having reason to know, that such person is using,
or intends to use, such real estate or improvements thereon in the selling,
transferring, delivering or manufacturing of drug paraphernalia in violation of
the provisions of said
Act.
[351] (c) refrain,
under color of such license, from selling, transferring, delivering or
manufacturing, illegal drugs to any person, or alcoholic beverages to a minor,
or engaging in acts of prostitution or promoting prostitution as defined at 18
Pa.C.S. § 5902(a) and (b), or permitting a minor to remain upon the
premises of said establishment in violation of Chapter 10-300 of The
Philadelphia Code or, under color of such license, from leasing real estate to a
person knowing, or having reason to know, that such person is using, or intends
to use, such real estate or improvements thereon in the selling, transferring,
delivering or manufacturing of illegal drugs, or in the sale of alcoholic
beverages to a minor, or to engage in acts of prostitution or promoting
prostitution as defined at 18 Pa.C.S. § 5902(a) and (b) or permitting a
minor to remain upon the premises of said establishment in violation of Chapter
10-300 of The Philadelphia
Code.
[352] (d) refrain
from causing or permitting an owner or occupier to cause a public or private
nuisance, either directly or indirectly, or by permitting third persons or
conditions to do so when such nuisances may be minimized or prevented by
reasonable measures.
(.1) The Department of Licenses and Inspections
shall refrain from issuing, or shall revoke, the business privilege license of
any person, who, under color of such license intends to operate, or is
operating, in violation of the provisions of sub-sections 19-2602(4)(b), 4(c),
4(d), 4(e) or 4(f), and shall take all steps necessary to terminate the business
operations of any business establishment that has violated any of such
sub-sections, including, but not limited to the
following:
[353] (.a) The
seizure of the illegal drugs and/or drug paraphernalia located at such
establishment, and the delivery of the material taken to appropriate law
enforcement personnel for forfeiture proceedings pursuant to the provisions of
the Act of April 14, 1972, P.L. 233, No. 64, Sections 28 and 29, as amended, 35
P.L. 780-128, and 129; and,
(.b) padlocking and physical closure of
the business enterprise; and,
(.c) the initiation of proceedings to
enjoin preliminarily and/or permanently the further operation of the business
enterprise which has violated or intends to violate such sub-sections. A person,
business or community-based organization shall also have standing to initiate
such proceedings. No bond shall be required of such entity for seeking or
obtaining preliminary injunctive relief. In addition, public officials currently
empowered by law to file nuisance actions shall also have standing to file
actions pursuant to this chapter.
(.d) The taking of an appeal from
an order granting a preliminary or permanent injunction pursuant to this chapter
shall not automatically stay the order granting the injunction. The Court
granting the injunction may, upon application, grant a stay. In making a
determination of whether a stay application shall be granted, the Court shall
consider whether the proposed stay, if granted, will adversely affect the
community or the petitioner who obtained the injunction.
(.e) A
prevailing petitioner shall be entitled to reasonable attorneys fees and costs.
Any filing with the Court is subject to the sanctions provided by 42 Pa. C.S.A.
§ 8355.
(.2) Any person who operates a business notwithstanding
the denial or revocation of a license to operate such business under this
sub-section shall be subject to a fine of three hundred dollars ($300) and up to
ninety (90) days imprisonment for each day such business continues to operate
without possessing a valid license.
(e) refrain from violating any
provision of chapter 9-2300 of the Philadelphia Code entitled "Protection of
Displaced Contract Workers." The Philadelphia Labor Standards Unit shall have
the responsibility for the enforcement of the provisions of this subsection and
in connection therewith
shall:
[354] (.1) Cause a
notice containing the provisions of this ordinance to be sent to all persons
currently engaged in performing food and beverage, hotel service, health care,
janitorial or building maintenance services within the City of Philadelphia as
indicated on the application for Philadelphia Business Tax Account Number filed
with the Revenue Department and to all persons who shall in the figure indicate
on their application for Philadelphia Business Tax Account Number filed with the
Revenue Department that they intend to engage in such
businesses.
(.2) Maintain a current list of all business privilege
license holders for performing food and beverage, hotel service, health care,
janitorial or building maintenance services within the City of
Philadelphia.
(.3) Investigate all complaints against any contractor
or subcontractor or awarding authority and in connection therewith or with
respect to any investigation shall have full power and authority to subpoena any
witness, books, records, or other data of any person for the purposes of
obtaining information pertinent to such investigation. The Director of the
Philadelphia Labor Standards Unit shall make a finding in writing with respect
to each complaint filed, and shall send a copy thereof to the complainant and
the contractor and shall maintain it on file. Upon request, the unit shall
provide any affected contractor or subcontractor with a
hearing.
(.4) Refer all complaints determined to have merit to the
Department of Licenses and Inspections for revocation of the offending
person's business privilege license pursuant to subsection
(d)(1).
[355] (.5) Monitor
the operations of contractors, subcontractors and awarding authorities to ensure
compliance with Chapter 9-2300 of the Philadelphia Code.
(f) refrain
from violating any provision of Chapter 9-2400 of the Philadelphia Code entitled
"Prohibition Against Predatory
Lending."
[356] (g) Operate
his business in compliance with Section 10-722, entitled "Use of Dumpsters" and
Section 9-604, entitled "Refuse
Collection."
[357] (h) The
Department of Licenses and Inspections is authorized to deny or revoke a
business privilege license for failure to comply with the requirements of this
subsection. Any person who has been denied a license or whose license has been
revoked shall have the right to appeal to the Board of License and Inspection
Review within ten (10) days after receipt of the notice of denial or
revocation.
(5) Any person who has been denied a license or whose
license has been revoked, or who has been the subject of any other proceedings
under subsections 19-2602(4) shall have the right to appeal to the Board of
License and Inspection Review within ten (10) days after receipt of the notice
of denial or renovation, or occurrence of such other proceeding. The filing of
such appeal shall not act as a stay of the action or proceeding appealed
from.
(6) Cease Operations
Orders.
[358] (a) Whenever
business is being conducted in or on any premises without a required business
privilege license, the Department of Licenses and Inspections ("Department") may
issue a Cease Operations Order directing that business activity cease
immediately until the required license is obtained.
(.1) The Cease
Operations Order shall describe the business that is being conducted without the
required business privilege license, and shall state that such business
activity, and any other business activity required a business privilege license,
must cease until the required license is obtained.
(.2) The Cease
Operations Order shall be posted at every entrance to the premises in
conspicuous places clearly visible to the public and shall remain posted until
removed by the Department following compliance with its
terms.
(.3) The Department shall promptly notify the Police Department
of the issuance of every Cease Operations Order. The Police Department, upon the
request of the Department, shall render assistance in the enforcement of any
Cease Operations Order and shall have the right to enter the premises for such
purpose.
(b) Prohibited conduct: No person with knowledge of a Cease
Operations Order shall:
(.1) Continue to conduct any business for
which a business privilege license is required in or on any premises for which a
Cease Operations Order has been issued.
(.2) Remove, damage or deface
any Cease Operations Order.
(.3) Resist or interfere with any
inspection or other official in the performance of their duties or the
enforcement of any provision of this
Section.
(c) Penalties:
(.1) Any person violating this
subsection 19-2602(6) shall be subject to a fine of three hundred (300)
dollars.
(.2) Each day of violation shall constitute a separate
offense for which a fine may be imposed.