Philly businesses now liable for patrons' behavior
Philadelphia businesses could soon be fined or shut down for the bad behavior of their patrons or those who hang around nearby.
Philadelphia businesses could soon be fined or shut down for the bad behavior of their patrons or those who hang around nearby.
The new regulations are part of a so-called Nuisance Business Bill that Mayor Kenney backed, at a ceremonial signing event, on Monday.
"They're responsible for what happens on the sidewalks outside of their business," said Councilwoman Cindy Bass, who introduced the legislation. "They're responsible for the climate they are creating, based on the type of business they are operating."
The legislation was technically signed by Kenney on June 29 and went into effect 60 days later.
Previous to the law's passage, individuals could be cited for nuisance behaviors but business owners could not be held liable for those activities happening on or near their properties.
Under the new bill, businesses can be cited for nuisance behaviors - defined as illegal consumption of alcohol, drug activity, obstructing a sidewalk, gambling, loitering, public urination, prostitution, littering, and parking vehicles on sidewalks - both on their property and also on the abutting sidewalk or street.
Businesses that receive three citations in 60 days or seven in 12 months will be required to work on an official abatement plan with the Philadelphia Police Department and the Department of Licenses and Inspections. Businesses that do not cooperate can face fines or closure.
"We're not looking to put businesses out of business," said L&I Commissioner David Perri. "A business that is not serving the community, that is no longer there, is a vacant building. And we don't need any more vacant buildings in the city. . . . We're looking for businesses and the community to work together."
The bill had drawn some criticism from business leaders when it was first introduced. A leader from the Philadelphia area African American Chamber of Commerce said the legislation was "casting a large net" rather than focusing on players likely to draw bad behavior. And a spokesman from the Greater Philadelphia Chamber of Commerce said the city should focus first on enforcing existing nuisance laws.
Bass on Monday said her office has since spoken with many small business owners and community groups and largely heard support for the measure. She said several neighborhood business associations attended the bill signing, held outside a recently-shuttered business in Germantown that Bass said was known for drawing nuisance behavior.
"We know that it is often the case that business owners are victims themselves of this neighborhood nuisance crime," Kenney said in a news release. "But in those instances where business owners are being negligent, we want to ensure the City has the appropriate tools to help the surrounding community."
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