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Title:
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December 3, 2003
TO THE PRESIDENT AND MEMBERS
OF THE COUNCIL OF THE CITY OF PHILADELPHIA:
I am herewith returning to you as disapproved Bill Number 030657, which would amend the Passyunk Avenue Special District Controls section of the Zoning Code. Notably, the legislation prohibits a number of new "uses" in commercially zoned properties fronting Passyunk Avenue between Washington Avenue and Twenty-fifth Street including the operation of "any establishment with a license from the Pennsylvania Liquor Control Board for the 'after-hours' sale of alcoholic beverages."
It is my understanding that municipalities are pre-empted from legislating in the area of liquor regulation, and therefore this measure exceeds Council's powers under State law. For these reasons, and all of the reasons stated above, I cannot support this measure.
Respectfully,
John F. Street, Esquire
Mayor - City of Philadelphia
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