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April 3, 2002
TO THE PRESIDENT AND MEMBERS OF THE
COUNCIL OF THE CITY OF PHILADELPHIA:
I am returning herewith Bill Number 030114. Council passed this bill at its session on March 20, 2003.
Bill 030114 proposes to amend the portion of the Philadelphia Code entitled "Old City Residential Area Special District Controls" by prohibiting the operation of telemarketing businesses within the District. This measure is problematic for several reasons, including a.) the definition of "telemarketing business" is very broad, and therefore may have far-reaching, unintended consequences; b.) the banning of this use within the Old City area is not support by any finding of fact or formal studies; and, c.) at a meeting on March 18, 2003, the City Planning Commission disapproved of this measure.
To define the term "telemarketing" the legislation refers to the state Telemarketer Registration Act, which defines telemarketing as: "a plan, program or campaign which is conducted to include the purchase of goods or services or to solicit contributions for any charitable purpose, charitable promotion or for or on behalf of any charitable organization, by use of one or more telephones and which involves more than one telephone call." This broad definition makes many different actions subject to telemarketing regulations. Importantly, however, the Telemarketer Registration Act makes specific exceptions that have not been referenced or included as part of Bill 030114, including:
- the exclusion of certain business-to-business telemarketers;
- the exclusion of businesses or occupations licensed or certified by the federal or state government, such as stockbrokers; and
- the exclusion of certain non-profit, educational and charitable organizations.
The practical impact of not including the exceptions that are a part of the state Telemarketing Act is significant; without such exceptions, many worthy, organized efforts to raise funds for churches, schools, an...
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