City of Philadelphia - File #: 250213

• File #: 250213
• Version: 0
• Type: Bill
• Status: IN COUNCIL
• File created: 3/13/2025
• In control: CITY COUNCIL
• 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

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.

[a] (b) ***

(c) Minor means an individual under 21 years of age, or a member of the active
or reserve components of any branch or unit of the armed forces of the United States under 18 years of age or a veteran who received an honorable discharge from any branch or unit of the active or reserve components of the armed forces of the United States under 18 years of age.

[b] (d) ***

[c] (e) ***

(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 a minor [any person under the age of eighteen (18) years].

* * *

(c) Defenses.

(.1) It shall be a defense to a charge of unlawful sale to a minor [person under eighteen (18) 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 un...