City of Philadelphia - File #: 160720

• File #: 160720
• Version: 1
• Type: Bill
• Status: LAPSED
• File created: 9/8/2016
• In control: Committee on Rules
• Title: Amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," to add a new chapter limiting the use of a restrictive covenant or usage restriction that prohibits a purchaser of property from using the property as a grocery store, all under certain terms and conditions.
• Sponsors: Councilmember Bass
• Indexes: RESTRICTIVE COVENANT REGARDING USE FOR RETAIL FOOD SALE
• Code sections: 9-4500 - Restrictive Covenant Regarding Use for Retail Food Sale, Title 9 - REGULATION OF BUSINESSES, TRADES AND PROFESSIONS

Date	Ver.	Action By	Action	Result	Tally
12/8/2016	1	CITY COUNCIL	READ AND ORDERED PLACED ON NEXT WEEK'S SECOND READING CALENDAR
12/1/2016	1	CITY COUNCIL	ORDERED PRINTED AND PLACED ON NEXT FIRST READING CALENDAR	Pass
11/30/2016	0	Committee on Rules	HEARING NOTICES SENT
11/30/2016	0	Committee on Rules	HEARING HELD
11/30/2016	0	Committee on Rules	AMENDED
11/30/2016	1	Committee on Rules	REPORTED FAVORABLY
9/8/2016	0	CITY COUNCIL	Introduced and Referred	Pass

Title
Amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," to add a new chapter limiting the use of a restrictive covenant or usage restriction that prohibits a purchaser of property from using the property as a grocery store, all under certain terms and conditions.

Body
WHEREAS, This Council in 2002 and 2004 adopted Resolutions 020133 and 040168 which recognized that certain neighborhoods in the City suffered from a shortage of supermarkets; and

WHEREAS, This Council further found that "communities with the least access to affordable health foods also suffer the highest rates of death related to poor nutrition;" and

WHEREAS, Philadelphia has the highest poverty rate of any of the country's big cities, with the rate hovering around 26% of the population and the deep poverty rate at 12.2%, which is almost double the national average; and

WHEREAS, Supermarkets are a significant boost to a neighborhood's economy and may employ between 50 to 100 full-time employees and more than 100 part-time employees, the majority of whom are community residents; and

WHEREAS, Negative use and deed restrictions which prevent the development of certain properties as large grocery stores or supermarkets jeopardize the public health, safety and general welfare of the residents of the City who need convenient access to affordable and healthy food; and

WHEREAS, The Philadelphia Food Marketing Task Force set up pursuant to City Council hearings recommended, among other things, that the City should reduce regulatory barriers to supermarket investment; now therefore,

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Title 9 of The Philadelphia Code is amended to read as follows:

TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS.

* * *

CHAPTER 9-4500. RESTRICTIVE COVENANT
REGARDING USE FOR RETAIL FOOD SALE.

§9-4501. Definitions.

(1) Food desert. A low-income census trac...