As part of her ongoing work to combat nuisance businesses, Philadelphia City Council Majority Leader Katherine Gilmore Richardson (At-Large) will introduce legislation at tomorrow’s City Council Stated Meeting to update the Zoning Code to establish a specific definition for tobacco retailing and codify setback requirements from sensitive locations, like schools and daycares. Majority Leader Gilmore Richardson was joined by community leaders and advocates at a press conference this morning to announce the legislation.
“This legislation marks the biggest attempt at regulating tobacco sales in Philadelphia in years,” said Majority Leader Gilmore Richardson. “We have heard time and time again that our communities do not want these businesses in their neighborhoods. The Commonwealth has preempted us from making decisions about where and how tobacco can be sold in our neighborhoods. However, the City has explicit control over zoning, and in taking this step, we are exercising our authority to say where these products can be sold.”
Under the current Zoning Code, businesses that sell tobacco products are treated as any other retail business. While the Health Department’s regulations do create limits, these smoke shops have proliferated across the city, especially in areas that do not fall under the City’s current density caps. In addition to the new use definition, the bill would require a 750-foot setback between a tobacco retailer and specified sensitive uses, such as schools, playgrounds, and childcare centers, and it also includes restrictions around window coverings.
The new legislation builds on Majority Leader Gilmore Richardson’s previous work to address nuisance businesses. Most recently, she introduced Bill No. 260688, which updates the Zoning Code to replace the existing Food, Beverages, and Groceries and Sundries, Pharmaceuticals, and Convenience Sales use definitions with more specific Groceries and Pharmaceuticals category, giving the City a more targeted tool for responding to neighborhood concerns.
“Clarifying the Zoning Code has emerged as a powerful tool for addressing what is happening in our neighborhoods,” said Majority Leader Gilmore Richardson. “I am proud to be using it to make a real difference in this fight. Together, these bills give us stronger ways to protect our communities and our young people.”
Majority Leader Gilmore Richardson was joined by several community members from neighborhoods across the city for the announcement.
“Residents who chose to live, work and invest in healthy communities deserve to enjoy the fruit of their labor without constantly battling businesses that exist only to profit; impacting public safety while preying on our most vulnerable citizens. We should have a voice in how land is used without undesirable businesses being able to evade regulation,” said Crystal Morris, President of the Wynnefield Residents Association.
“Majority Leader Gilmore-Richardson is showing the intelligent tenacity we need to tackle this complicated problem with common sense legal tactics for our neighbors,” said Elaine Petrossian, a community organizer in Spring Garden.
“Even though we’re fortunate to have a small commercial footprint, we are unfortunate to have all these shops come up here. I’ve seen firsthand how devastating it can be to our children and how close they are to our recreation centers and our schools,” said Steve Phillips, President of Fox Chase Town Watch. “With all the legislation that’s being proposed and some that’s been passed, I really want to tip my hat to Councilmember Gilmore Richardson and her staff.”
“Not only are these shops not beneficial, they’re also hurting the businesses that are currently on the corridor to make money,” said Darnetta Arce, President of Lower North Philadelphia CDC. “This is well needed. Thank you so much for the legislation you have put in place.”
A fact sheet with additional background, bill language, and a map of where smoke shops would be allowed under the bill, as well as a photo from the press conference, are attached.
