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Amending Title 12 of The Philadelphia Code, entitled “Traffic Code,” by amending Chapter 12-800, entitled “Bicycle Regulations and Penalties,” to authorize the Department of Licenses and Inspections to establish an E-Bike Delivery License for persons who use pedalcycles with electric assist to perform commercial delivery services in the City, and providing for license requirements, identification, enforcement, and penalties, all under certain terms and conditions.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Title 12 of The Philadelphia Code is hereby amended to read as follows:
TITLE 12. TRAFFIC CODE.
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CHAPTER 12-800. BICYCLE REGULATIONS AND PENALTIES.
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§ 12-814. E-Bike Delivery License.
(1) Definitions.
For purposes of this Section, the following definitions shall apply:
(a) Commercial delivery service. The transportation, delivery, or attempted delivery of food, beverages, groceries, parcels, packages, documents, or other goods for compensation, including through or on behalf of a third-party food delivery service, delivery network company, courier business, retail establishment, or other person or entity.
(b) Delivery network company. Any person or entity that uses a digital network, internet website, mobile application, software platform, or other electronic means to offer, arrange, dispatch, facilitate, or otherwise enable commercial delivery service.
(c) Department. The Department of Licenses and Inspections.
(d) E-Bike Delivery License. A license issued by the Department authorizing an individual to perform commercial delivery service in the City using a pedalcycle with electric assist.
(e) Licensee. An individual to whom the Department has issued an E-Bike Delivery License.
(f) Pedalcycle with electric assist. A pedalcycle with electric assist as defined in the Pennsylvania Vehicle Code.
(g) Third-party food delivery service. Any company, organization or entity that is not the same business as the food service establishment that provides a limited food delivery service to customers as a result of a single commercial transaction over the internet, whether directly or through a third-party application.
(2) License Authorized.
(a) The Department is authorized to establish and administer an E-Bike Delivery License.
(b) No person shall perform commercial delivery service in the City using a pedalcycle with electric assist unless such person has first obtained an E-Bike Delivery License from the Department.
(c) No third-party food delivery service, delivery network company, courier business, retail establishment, or other person or entity shall knowingly permit, authorize, enable, or dispatch any person to perform commercial delivery service in the City using a pedalcycle with electric assist unless such person holds a valid E-Bike Delivery License.
(d) An E-Bike Delivery License shall be a license to perform commercial delivery service using a pedalcycle with electric assist in the City. Such license shall not constitute a vehicle title, vehicle registration, driver’s license, license plate, inspection certificate, insurance requirement, or other authorization to operate a pedalcycle with electric assist under the Pennsylvania Vehicle Code.
(e) Nothing in this Section shall be construed to require a person to obtain an E-Bike Delivery License solely to operate a bicycle or pedalcycle with electric assist for personal, recreational, commuting, or non-commercial purposes.
(4) Term; Renewal; Non-Transferability.
(a) An E-Bike Delivery License shall be valid in perpetuity from the date of issuance, unless suspended or revoked sooner.
(b) An E-Bike Delivery License may be renewed in a form and manner prescribed by the Department.
(c) An E-Bike Delivery License shall be non-transferable.
(d) No person shall sell, lend, rent, borrow, alter, counterfeit, display, or use an E-Bike Delivery License issued to another person.
(5) Information and Training Required.
(a) Before issuing or renewing an E-Bike Delivery License, the Department shall require the applicant to complete information or training materials approved by the Department, in consultation with the Department of Streets.
(6) Identification Credential.
(a) The Department shall issue each licensee a physical or digital identification credential.
(b) A licensee shall possess the credential issued under this subsection, or proof of such credential in a form approved by the Department, while performing commercial delivery service using a pedalcycle with electric assist
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(c) A licensee shall produce the credential issued under this subsection upon request by an authorized City enforcement official.
(d) The Department shall not require a licensee to publicly display the licensee’s full legal name, home address, telephone number, email address, or other personal contact information while performing commercial delivery service.
(7) Duties of Delivery Network Companies and Other Businesses.
(a) A third-party food delivery service, delivery network company, courier business, retail establishment, or other person or entity that permits, authorizes, enables, or dispatches persons to perform commercial delivery service in the City using pedalcycles with electric assist shall:
(.1) verify that such person holds a valid E-Bike Delivery License before permitting, authorizing, enabling, or dispatching such person to perform commercial delivery service in the City using a pedalcycle with electric assist;
(.2) maintain records demonstrating such verification;
(.3) make such records available to the Department upon request for purposes of administering or enforcing this Section;
(.4) provide each such person with information concerning the requirements of this Section; and
(.5) establish a process by which members of the public may submit complaints or safety concerns relating to commercial delivery service performed through or on behalf of such person or entity.
(b) No third-party food delivery service, delivery network company, courier business, retail establishment, or other person or entity shall deactivate, suspend, penalize, reduce access to work opportunities, reduce compensation, or otherwise retaliate against any person for:
(.1) applying for or obtaining an E-Bike Delivery License;
(.2) refusing to perform commercial delivery service using a pedalcycle with electric assist in violation of applicable law;
(.3) reporting unsafe commercial delivery practices;
(.4) filing a complaint or cooperating with an investigation concerning compliance with this Section; or
(.5) exercising any right protected by this Section
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(8) Denial, Suspension, and Revocation.
(a) The Department may deny, suspend, or revoke an E-Bike Delivery License for:
(.1) materially false information in an application or renewal;
(.2) alteration, counterfeiting, sale, rental, lending, borrowing, or misuse of an E-Bike Delivery License;
(.3) repeated violations of this Chapter while performing commercial delivery service using a pedalcycle with electric assist;
(.4) failure to produce the identification credential required by subsection (6) after reasonable opportunity to do so;
(.5) failure to comply with any lawful regulation issued pursuant to this Section; or
(.6) any other cause reasonably related to the administration or enforcement of this Section.
(b) Prior to suspending or revoking an E-Bike Delivery License, the Department shall provide notice and an opportunity to be heard, except where immediate suspension is necessary to protect public safety.
(c) Any denial, suspension, or revocation of an E-Bike Delivery License may be appealed in the manner provided by law.
(9) Enforcement and Penalties.
(a) A violation of this Section shall be a Class III offense under Section 1-109, except as otherwise provided in this Section.
(b) Each instance in which a person performs commercial delivery service in violation of subsection (2)(b) shall constitute a separate violation.
(c) Each instance in which a third-party food delivery service, delivery network company, courier business, retail establishment, or other person or entity permits, authorizes, enables, or dispatches a person in violation of subsection (2)(c) shall constitute a separate violation.
(d) Each failure to verify, maintain, or produce records as required by subsection (7) shall constitute a separate violation.
(e) The remedies and penalties provided under this Section are cumulative and shall not preclude the City from seeking any other relief available at law or in equity.
SECTION 2.
This Ordinance shall take effect one hundred eighty (180) days after it becomes law.
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Explanation:
Italics indicate new matter added.
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