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Amending Section 9-703 of The Philadelphia Code, entitled “Special Assembly Occupancies,” by further providing for types of activity to be regulated and by altering the fees and requirements for a Special Assembly Occupancy license, and amending Title 4, Subcode “B” (“The Philadelphia Building Code”) and Subcode “F” (“The Philadelphia Fire Code”) of The Philadelphia Code, to conform a definition, all under certain terms and conditions.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Section 9-703 of The Philadelphia Code is hereby amended to read as follows:
§ 9-703. Special Assembly Occupancies.
(1) Definitions.
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(b) "Social entertainment [purposes]" shall mean provision for dancing by patrons, entertainment by live or recorded music (whether or not also presented with video content) or a disc jockey, [observing] a theatrical or other performance act or similar activities. The phrase shall not include the consumption of food and beverages, listening to a speaker or lecture, watching television programming, watching or participating in athletic events, or other similar activities.
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(d) "Performance Act" shall mean any person or group of persons engaged in the act of singing, disc jockeying, rapping, dancing, playing musical instruments, and/or acting for an audience or group of patrons. The term shall also include the presentation of streaming or recorded audio or video, whether or not obtained for a fee, where such audio or video is offered primarily for entertainment by listening or viewing, rather than for background.
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(2) Licenses.
(a) No person shall operate a special assembly occupancy without first obtaining a special assembly occupancy license from the Department.
(.1) The fee for a special assembly occupancy license shall be [one] two hundred [(100)] (200) dollars.
(.2) Within five (5) days of filing an application for a special assembly occupancy license, the applicant shall post a notice of application provided by the Department on the exterior of each street frontage of the proposed special assembly occupancy location, in a location clearly visible to the public, for a period of thirty (30) days.
(.3) Special assembly occupancy licenses shall be [annually] renewed every two years upon payment of the renewal fee of [one] two hundred [(100)] (200) dollars and posting of the renewal application for 30 days as provided in subsection (2)(a)(.2) hereof, and subject to the conditions set forth in subsection (2)(b) [herein] hereof.
SECTION 2. Chapter 2 of Subcode “B” (“The Philadelphia Building Code”) of The Philadelphia Code is hereby amended to read as follows:
CHAPTER 2
DEFINITIONS
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Section B-202. Definitions.
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SOCIAL ENTERTAINMENT [PURPOSES]. Provision for [D]dancing by patrons, entertainment by live or recorded music or a disc jockey, [observing] a theatrical or other performance act or similar activities. The phrase shall not include the consumption of food and beverages, listening to a speaker or lecture, watching television programming, watching or participating in athletic events, or other similar activities.
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SECTION 3. Chapter 2 of Subcode “F” (“The Philadelphia Fire Code”) of The Philadelphia Code is hereby amended to read as follows:
CHAPTER 2
DEFINITIONS
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Section 202. Definitions.
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SOCIAL ENTERTAINMENT [PURPOSES]. Provision for [D]dancing by patrons, entertainment by live or recorded music or a disc jockey, [observing] a theatrical or other performance act or similar activities. The phrase shall not include the consumption of food and beverages, listening to a speaker or lecture, watching television programming, watching or participating in athletic events, or other similar activities.
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Explanation:
[Brackets] indicate matter deleted.
Italics indicate matter added.
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