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File #: 180522    Version: Name:
Type: Bill Status: LAPSED
File created: 5/17/2018 In control: Committee on Finance
On agenda: Final action:
Title: Amending Section 9-631 of The Philadelphia Code, entitled "Tobacco Retailer Permit," by limiting the power of the Board of Health to regulate the transferability of current permits and the locations of current Tobacco Retailers, and by removing the transfer restrictions of Section 9-631(2)(d), under certain terms and conditions.
Sponsors: Councilmember Squilla, Councilmember Quiñones Sánchez, Councilmember Blackwell, Councilmember O'Neill, Councilmember Oh, Councilmember Taubenberger
Indexes: TOBACCO RETAILER PERMIT
Attachments: 1. Bill No. 18052201, As Amended.pdf
Title
Amending Section 9-631 of The Philadelphia Code, entitled "Tobacco Retailer Permit," by limiting the power of the Board of Health to regulate the transferability of current permits and the locations of current Tobacco Retailers, and by removing the transfer restrictions of Section 9-631(2)(d), under certain terms and conditions.

Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Section 9-631 of The Philadelphia Code is hereby amended to read as follows:

§ 9-631. Tobacco Retailer Permit.

* * *

(2) Tobacco Retailer Permit Required.

(a) No person shall act as a Tobacco Retailer without a current Tobacco Retailer Permit for each location where the person engages in Tobacco Retailing. Acting as a Tobacco Retailer without a permit is hereby declared a nuisance as a matter of law.

(b) Each Tobacco Retailer shall prominently display the Tobacco Retailer Permit at each location where the person engages in Tobacco Retailing.

(c) A Tobacco Retailer Permit shall be issued to an applicant if, in addition to any other applicable requirement, all of the following requirements are met:

(.1) If the applicant is an individual, such applicant is at least eighteen (18) years of age.

(.2) The applicant has provided all material information required by the application.

(.3) The applicant has not made any material false statement in the application.

(.4) The applicant currently maintains a valid cigarette retailer license from the Pennsylvania Department of Revenue, if required.

(.5) The applicant currently maintains a valid commercial activity license and any license or permit required under this Title.

(.6) The location for which the Tobacco Retailer Permit is sought is fixed, and not mobile.

(.7) Any other requirement adopted by the Board of Health which the Board deems appropriate for the protection of public health.

(.8) Notwithstanding any regulation adopted by ...

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