header-left
File #: 030841    Version: 0 Name:
Type: COMMUNICATION Status: PLACED ON FILE
File created: 12/4/2003 In control: CITY COUNCIL
On agenda: Final action: 12/4/2003
Title: December 3, 2003 TO THE PRESIDENT AND MEMBERS OF THE COUNCIL OF THE CITY OF PHILADELPHIA: I am herewith returning to you as disapproved Bill Number 030657, which would amend the Passyunk Avenue Special District Controls section of the Zoning Code. Notably, the legislation prohibits a number of new "uses" in commercially zoned properties fronting Passyunk Avenue between Washington Avenue and Twenty-fifth Street including the operation of "any establishment with a license from the Pennsylvania Liquor Control Board for the 'after-hours' sale of alcoholic beverages." It is my understanding that municipalities are pre-empted from legislating in the area of liquor regulation, and therefore this measure exceeds Council's powers under State law. For these reasons, and all of the reasons stated above, I cannot support this measure. Respectfully, John F. Street, Esquire Mayor - City of Philadelphia
Title
December 3, 2003
 
TO THE PRESIDENT AND MEMBERS
OF THE COUNCIL OF THE CITY OF PHILADELPHIA:
 
I am herewith returning to you as disapproved Bill Number 030657, which would amend the Passyunk Avenue Special District Controls section of the Zoning Code.  Notably, the legislation prohibits a number of new “uses” in commercially zoned properties fronting Passyunk Avenue between Washington Avenue and Twenty-fifth Street including the operation of “any establishment with a license from the Pennsylvania Liquor Control Board for the 'after-hours' sale of alcoholic beverages.”
 
It is my understanding that municipalities are pre-empted from legislating in the area of liquor regulation, and therefore this measure exceeds Council's powers under State law.  For these reasons, and all of the reasons stated above, I cannot support this measure.
 
Respectfully,
 
 
 
John F. Street, Esquire
Mayor - City of Philadelphia
End