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Amending Title 9 of The Philadelphia Code, entitled “Regulation of Businesses, Trades, and Professions,” to add a new Chapter, entitled “Gender Price Discrimination,” which includes, but is not limited to, requiring the posting of prices in certain retail service establishments and making it a violation to charge differing prices based upon gender, all under certain terms and conditions.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Title 9 of The Philadelphia Code is hereby amended to read as follows:
TITLE 9. REGULATION OF BUSINESSES, TRADES, AND PROFESSIONS.
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CHAPTER 9-4400. GENDER PRICE DISCRIMINATION.
§ 9-4401. Definitions.
(a) “Cleaner” means any person that is in the business of performing cleaning or presents itself to the public as being in the business of performing cleaning.
(b) “Cleaning” means the cleansing of clothing and other fabrics either with substantially non-aqueous organic solvents or in any other manner.
(c) "Current selling price” means the regular price of a listed service, so that, in the absence of any special offer, the service would be given upon payment of the listed price.
(d) "Customer” means the intended end user of the clothing and other fabrics.
(e) "Person” means an individual, partnership, joint venture, association, corporation, trust or any other legal entity.
§ 9-4402. Gender Price Discrimination Forbidden.
(a) No cleaner may charge a different price for like cleaning based upon the gender of the customer. Nothing in this Section prohibits a price difference based specifically upon the amount of time, difficulty, or cost of providing the cleaning.
§ 9-4403. Display of Service Prices.
(a) Every cleaner must post, at each counter or desk at which orders are placed and/or payment is made, a list conspicuously displaying the current selling price for cleaning each article of clothing and other fabric. The list shall also disclose factors which may cause the price to be higher than the basic price, and the range of the possible additional charges when such variables pertain.
(b) In the event of a special sale or promotion, the regular price list shall remain conspicuously visible.
(d) Cleaning provided by means of a pick-up and drop-off delivery service shall be exempt from the requirement of this Section.
§ 9-4404. Regulations.
(a) The Commissioner is authorized to promulgate such regulations as are necessary to effectuate the purposes of this Chapter, including, but not limited to, requirements as to the manner of display of service prices.
§ 9-4405. Penalties.
Any person who violates the provisions of § 9-4402 or § 9-4403 shall be deemed to have committed Gender Price Discrimination and shall, upon conviction thereof, pay a penalty of fifty dollars ($50) for the first offense and for each succeeding offense a penalty of five hundred dollars ($500).
SECTION 2. Effective Date. This Ordinance shall take effect January 1st, 2017.
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Explanation:
Italics indicate new matter added.
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