Title
Amending Chapter 9-4400 of The Philadelphia Code, entitled "Responsible Business Operations," by revising Section 9-4406, entitled "Penalties," to require businesses found in violation of state tobacco laws to post signage indicating their lack of authorization to sell tobacco under city and state law; all under certain terms and conditions.
Body
Section 1. Chapter 9-4400 of The Philadelphia Code is hereby amended as follows:
TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS
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CHAPTER 9-4400. RESPONSIBLE BUSINESS PRACTICES
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? 9-4406. Penalties.
(1) Upon determination that a business is a nuisance business, such business shall be deemed to have committed a Class III offense and be subject to the maximum fine set forth in Section 1-109 of The Philadelphia Code for violations of this Chapter.
(2) In addition to any other penalties provided by this Chapter, any business found to be in violation of state tobacco laws shall be required to prominently post a sign at each entrance and point of sale stating:
"NOTICE: THIS ESTABLISHMENT DOES NOT HAVE A TOBACCO LICENSE AND THEREFORE IS PROHIBITED FROM SELLING TOBACCO PRODUCTS."
(a) The sign shall be at least 8.5 inches by 11 inches in size, with lettering no smaller than 1 inch in height, and shall be printed in both English and any other language predominantly spoken in the surrounding community.
(b) The sign must be posted permanently following the violation determination unless the proper permit or license is obtained.
(c) Failure to post the required signage as set forth in this Section shall constitute a separate violation subject to additional penalties under this Chapter including, but not limited to, a 60-day suspension of operating licensing.
(3) [(2)] Imposition of penalties under this Section shall not prevent the City from seeking any other remedy available at law or in equity.
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