City of Philadelphia - File #: 250213

• File #: 250213
• Version: 1
• Type: Bill
• Status: IN COUNCIL - SECOND READING
• File created: 3/13/2025
• In control: Committee on Public Health and Human Services
• Title: Amending Section 9-633 of The Philadelphia Code, entitled "Sale of Electronic Smoking Devices and Unapproved Nicotine Delivery Products," to update definitions and to provide for additional penalties, enforcement, and compliance options, all under certain terms and conditions.
• Sponsors: Councilmember Ahmad, Council President Johnson, Councilmember Bass, Councilmember Brooks, Councilmember Driscoll, Councilmember Gauthier, Councilmember Gilmore Richardson, Councilmember Harrity, Councilmember Jones, Councilmember Landau, Councilmember Lozada, Councilmember O'Neill, Councilmember O'Rourke, Councilmember Phillips, Councilmember Squilla, Councilmember Thomas, Councilmember Young
• Indexes: ELECTRONIC SMOKING DEVICES
• Code sections: 9-633 - Sale of Electronic Smoking Devices and Unapproved Nicotine Delivery Products

Date	Ver.	Action By	Action	Result	Tally
5/29/2025	1	CITY COUNCIL	SUSPEND THE RULES OF THE COUNCIL
5/29/2025	1	CITY COUNCIL	ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR
5/29/2025	1	CITY COUNCIL	READ AND ORDERED PLACED ON NEXT WEEK'S SECOND READING CALENDAR
5/16/2025	0	Committee on Public Health and Human Services
5/16/2025	0	Committee on Public Health and Human Services
5/16/2025	0	Committee on Public Health and Human Services
5/16/2025	0	Committee on Public Health and Human Services
3/28/2025	0	Committee on Public Health and Human Services
3/28/2025	0	Committee on Public Health and Human Services
3/28/2025	0	Committee on Public Health and Human Services
3/13/2025	0	CITY COUNCIL	Introduced and Referred

Title
Amending Section 9-633 of The Philadelphia Code, entitled "Sale of Electronic Smoking Devices and Unapproved Nicotine Delivery Products," to update definitions and to provide for additional penalties, enforcement, and compliance options, all under certain terms and conditions.

Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS

Section 1. Section 9-633 of The Philadelphia Code is hereby amended to read as follows:

? 9-633. Sale of Electronic Smoking Devices and Unapproved Nicotine Delivery Products.

* * *

(1) Definitions.

(a) Department means the Department of Public Health and its contractors.

[a] (b) ***

[b] (c) ***

[c] (d) ***

(2) Sales to Minors Prohibited; Mandatory Identification; Warning Signs.

(a) It shall be unlawful for any person, including any retail business, to sell or
furnish by gift, purchase or other means any electronic smoking device or unapproved nicotine delivery product to any person under the age of twenty-one (21) years.

* * *

(c) Defenses.

(.1) It shall be a defense to a charge of unlawful sale to person under twenty-one (21) years of age that the seller reasonably relied on photographic identification pursuant to the preceding subsection (b), notwithstanding the fact the identification relied upon is subsequently proven to be fake. Reliance will be presumed not reasonable if the identification does not contain all of the following: a photo likeness, birth date, expiration date and signature; or if it contains bumps, tears or other damage.

(.2) It shall not be a defense to a charge of unlawful sale to a person under twenty-one (21) years of age that the purchaser reasonably appeared to be at least twenty-seven years of age.

(d) Warning Signs.

(.1) Every retail outlet that sells electronic smoking devices or unapproved nicotine delivery products shall post in a conspicuous place, clearly visible from any point of sale, a W...