Amending Section 2-112 of The Philadelphia Code, entitled "City Commissioners," by removing the powers and duties of the Department of Licenses and Inspections over matters relating to weights and measures; amending Title 9, entitled "Regulation of Businesses, Trades and Professions," by removing provisions relating to amusement devices, and weights and measures and making related technical changes; and amending Title 19, entitled "Finance, Taxes and Collections," by eliminating provisions related to amusement licenses and weights and measures registration; all under certain conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Section 2-112 of The Philadelphia Code is amended to read as follows:

TITLE 2. CITY-COUNTY CONSOLIDATION

CHAPTER 2-100. CITY-COUNTY CONSOLIDATION

§ 2-112. City Commissioners.

(5) The following powers, duties and functions of the office of the City Commissioners are transferred as follows:

(a) [All matters relating to weights and measures, to the Department of Licenses and Inspections;

(b)] All matters relating to payment to the Commonwealth for the care of prisoners, to the Department of Public Welfare;

[(c)]

SECTION 2. Section 9-703 of The Philadelphia Code is amended to read as follows:

TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS

CHAPTER 9-700. AMUSEMENT BUSINESSES

§ 9-703. Special Assembly Occupancies.

(2) Licenses.

(b) No special assembly occupancy license shall be issued or renewed by the Department unless the Department determines that:

(.1) The applicant has

a

valid [amusement and]

commercial activity [licenses.]

license.

(3) Operation of Special Assembly Occupancies.

(e) Any special assembly occupancy licensed under this Section who violates the provisions of this Section or whose agents or employees violate the provisions of this Section shall also be subject to immediate revocation of his or her [amusement and] commercial activity [licenses.]

license.

SECTION 3. Section 9-709 of The Philadelphia Code, entitled “Amusement Devices,” is deleted in its entirety and replaced by the following:

TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS

CHAPTER 9-700. AMUSEMENT BUSINESSES

§ 9-709. Reserved.

SECTION 4. Section 9-710 of The Philadelphia Code is amended to read as follows:

TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS

CHAPTER 9-700. AMUSEMENT BUSINESSES

§ 9-710. General Admission or Festival Seating.

(2) General Provisions.

(b) Plans as required by subsection [9-709(2)(a)]

9-710(2)(a)

shall be submitted to the Department of Licenses and Inspections at least 10 days prior to the date of the event, or in the case of an event which is to be held on multiple dates, at least 10 days prior to the first day of the event.

SECTION 5. Chapter 9-1400 of The Philadelphia Code, entitled “Weights and Measures,” is deleted in its entirety and replaced by the following:

TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS

CHAPTER 9-1400. RESERVED.

SECTION 6. Section 19-602 of The Philadelphia Code, entitled “Licenses,” is deleted in its entirety and replaced by the following:

TITLE 19. FINANCE, TAXES AND COLLECTIONS

CHAPTER 19-600. AMUSEMENT TAX

§ 19-602. Reserved.

SECTION 7. Section 19-604 of The Philadelphia Code is amended to read as follows:

TITLE 19. FINANCE, TAXES AND COLLECTIONS

CHAPTER 19-600. AMUSEMENT TAX

§ 19-604. Collection and Payment of Tax.

(2) Where [licenses are obtained for conducting temporary amusements by persons who are not the owners, lessees, or custodians of the places where the] amusements are to be conducted, or where a temporary amusement is permitted by the owner, lessee, or custodian of any [place to be conducted without the procurement of the license required by this Chapter,]

place,

the tax imposed by this Chapter shall be paid by the owner, lessee, or custodian of such place where such temporary amusement is held or conducted, unless paid by the producer conducting the amusement.

SECTION 7. Section 19-3801 of The Philadelphia Code is amended to read as follows:

TITLE 19. FINANCE, TAXES AND COLLECTIONS

CHAPTER 19-3800. NEW BUSINESSES

§ 19-3801. New Businesses.

(2) Notwithstanding any provision to the contrary, but subject to the conditions set forth in subsection (3), with respect to the first two years that a business qualifies as a New Business:

(b) All fees charged by the City to the New Business for the following licenses and registrations shall be waived, provided that all such licenses and registrations shall continue to be required to the extent applicable to the New Business:

(.1) [Amusement license.]

Reserved.

(.11) [Weights and measures registration.]

Reserved.

SECTION 8. This Ordinance shall take effect immediately.

___________________________________

Explanation:

[Brackets] indicate matter deleted.

Italics

indicate new matter added.

End