In late February, Eighth District Councilmember Cindy Bass introduced a bill that would further crack down on “nuisance businesses” — those that deter the health, safety, and welfare of a community — in the district.

Officially deemed Bill #250123, looks to amend Section 6-503 of The Philadelphia Code, which manages the issuance, revocation, and suspension of business licenses and permits. If passed, the bill would establish new grounds for suspending business licenses.

Those specifically at-risk for suspension (meaning temporary until changes are made) would include businesses that:

• Fail to comply with applicable state regulations or licensing requirements, like staying open beyond appropriate hours or selling drug paraphernalia
• Have a layout that is significantly different from the floor plan originally approved without authorization, like building a wall without notifying the city.

Councilperson Bass says these businesses with such violations increase the safety and health risk for surrounding communities.

She highlights unauthorized physical layout changes as a serious issue during a fire, emphasizing that floor plans firefighters have on file may not align with the actual space, which can slow down rescuing people from a burning building or putting out a fire.

“Listen, I don’t want to put anybody out of business,” Bass clarifies. “But, if you’re going to be in our community, you have to do so in a way that is conducive to the well-being of that community.”

She expressed that if she could, these businesses would be closed, but her job is limited to passing bills. “We legislate, appropriate, and investigate,” Bass said.

Chew & Chelten area neighbors have criticized the nuisance-labeled businesses along their business corridors, stating that because the owners live outside of the neighborhood, they don’t care.

The 8th district councilmember agrees, saying none of the businesses she’s visited based on complaints have been operated and owned by folks from the communities they sit in. She described the practice as “very predatory” and “all about cash.”

Germantown Info Hub spoke with Douglas Rucker this past Tuesday at the Chew & Chelten CDC, which he leads, to talk about the proposed bill. Rucker believes these businesses should not exist in the neighborhood, as he sees the disruption they cause. 

The CDC leader has seen the deaths of a considerable number of young folks in front of the now-closed smoke shop, across the street at 800 E. Chelten Avenue (and operated by folks whose zip codes indicate they live in Northeast Philly), which he attributes to the environment they help harbor. 

He considers the bill helpful, but ultimately feels that more immediate actions should be taken to protect the lives of the young people in the area.

Rucker says the smoke shop closed three weeks ago, by random occurrence. While the sign is no longer there, he says there was a sign of violation from the city.

According to public records, the shop had failed five of six investigations since January of this year, including the most recent one on April 10, described as a “CHRONIC/CRITICAL NUISANCE INVESTIGATOR.”

Businesses are labeled a “chronic nuisance “ if they have been issued three or more notices for nuisance behavior on three or more separate occasions within a year. They are labeled “critical” if they receive a notice for violent or serious criminal behavior or if they prevent an investigation into such behavior.

The other failed inspections all list the same “NUP AFTER HOURS” description, most likely citing some kind of unauthorized activity after regular operating hours, indicating that the business likely falls within the “chronic” category.

GIH emailed the city, recommended by the Department of Licenses & Inspections’ website, to get more information about the investigator’s findings and awaits their response.

Rucker points to the opposite side of the street, making another case for the complete elimination of these entities, asking, “You see how clean it is?”

He said the level of cleanliness was never sustained while the shop was in operation because the same folks who were buying from the store were actively dirtying the front of it.

While it may seem evident that community leaders and business owners would support bills that help transform their corridors for the better, other neighbors believe it helps level the playing field.

One anonymous neighbor, who some may call a “corner boy,” was sitting next to the closed shop after our conversation with Rucker. We asked his opinions on the proposed nuisance bill as it pertains to experiences around the smoke shop.

While he’s unsure about the implications that this proposed bill will actually have on the corridor or wider neighborhood, he said he’s seen the now-closed smoke shop operate illegally, selling drugs, and says it’s a trend for other smoke shops in Germantown, too.

“Why do we have to duck-n-dodge while they do their shit out in the open?” he asks, making a question on who is allowed to sell drugs without punishment. “They don’t gotta step off when the cops come around.

This neighbor disclosed that he came home three summers ago and was on house arrest for a reasonable amount after that, so he’s gotten to see a lot of the activity happening. He says the corner never felt as reckless as it did when the smoke shop was there when he came home.

Germantown neighbor Kristen S. Clark also alluded to this in her conversation with GIH a couple of weeks ago on Maplewood Mall when we asked passersby about their sentiments on cannabis legalization.

She said, “The folks that know just know,” as it pertained to what smoke shops in the district have been allowed to get away with. 

She also raised the sentiment that corner boys receive harsher punishments than these shops, which seem to get away with it effortlessly. She stated that there needs to be more zoning initiatives to limit the number of these kinds of shops that can operate in the neighborhood.

Patrick Jones, who previously worked in Bass’s office, was one of the original drafters of the broader nuisance business bill that was introduced, approved, and enacted in 2016. 

While he appreciates and supports Bass’ efforts to continue making strides on this legislation and tackle quality-of-life issues, he questions the follow-through of departments like L&I and the police, arguing that enforcement is where the fundamental shift in policy is needed.

“That’s where [Bass] should focus the attention,” Jones says.

He also makes it clear that while smoke shops and stop-and-go’s have been a particular focus, they aren’t the only businesses that this bill extends to, as it could apply to any business harboring grounds to be labeled a nuisance.

Although not classified as a nuisance, Bass notes that another bill is being developed to squash bait-and-switch signage. She explains that a store may say it sells cheesesteaks and hoagies, and within it sells neither, but rather drug paraphernalia. 

She thinks about the possible issues that arise, like how this might affect someone in addiction recovery who thinks they’re going in for one thing and then is possibly triggered by what’s actually within.

The councilmember makes it clear that she will continue to crack down on these kinds of problems and put pressure on the departments responsible for overseeing these matters.

“We’ve been fighting. We’re going to continue to fight. We’re going to continue to go before L&I and push [them] to do more enforcement,” she said. 

Bill #250123 has not yet been approved and is currently under review by the Committee on Licenses and Inspections.