GENERAL PROVISIONS

Philadelphia Code tit. 9, ch. 9-100

in effect

Philadelphia Code § 9-101 Definitions.

§ 9-101. Definitions. In this Title the following definitions apply: (1) Department. Unless otherwise specified, the Department of Licenses and Inspections. (2) License. The whole or any part of any permit, certificate, approval or other form of permission required by law, special ordinance, or any provisions of the Code to be obtained from the City or any agency as a prerequisite for carrying on a business, trade or profession or for doing any act, or for using any property. (3) Tax Clearance Certificate. Certification from the Department of Revenue that the applicant either is not delinquent on any taxes under Title 19 or is in compliance with current payment agreements. Tax Clearance Certificates are available through the Department of Revenue's website. A Tax Clearance Certificate shall be valid for purposes of satisfying Title 4, Section A-202.7 or for obtaining a zoning permit under Section 14-303 for 180 days from its date of issuance. For all other purposes, a Tax Clearance Certificate shall be valid for periods established at the discretion of the Department of Revenue, but in no case for less than thirty days. Certification shall be in form satisfactory to the Department, which may include, when available, electronic certification by direct electronic communication between the Department of Revenue and the Department. 1 Notes 1 | Added, Bill No. 160138-A (approved June 28, 2016), effective January 1, 2017.

Philadelphia Code § 9-102 Licenses and Permits.

§ 9-102. Licenses and Permits. (1) The Department may fix the license year on a calendar or other twelve month basis, as it deems desirable for efficient administration and for the convenience of the public, but if a license year is changed any person holding a license shall receive credit for the unexpired term. (2) When any provision of this Title requires a permit to be obtained before the doing of a particular act, the permit shall remain in force only for the period of time specified in it or for such reasonable time as the Department may provide. (3) Every license shall: (a) be produced upon request; and when required by the Department it shall be publicly displayed in a conspicuous place where the licensed activity or act is principally conducted; (b) be non-assignable and non-transferable. (4) All licenses shall be conditioned upon continued compliance with the applicable requirements of this Title. (5) Unless otherwise specified, a license or permit issued under this Title may be revoked for violation of any provision of this Title or of any condition of the license or permit, pursuant to the provisions of Section 9-103. (6) If any license fee, permit fee or other charge imposed by The Philadelphia Code is not paid when due, interest at the rate of one-half percent (0.5%) of the amount of the unpaid fee or charge and a penalty at the rate of one percent (1%) of the amount of the unpaid fee or charge shall be added for each month or fraction thereof during which the fee or charge shall remain unpaid and shall be collected together with the fee or charge. (7) Where suit is brought for the recovery of any such fee or charge the person liable therefor shall, in addition, be liable for the costs of collection together with the interest and penalties imposed. (8) When any person shall give or cause to be given to a City official or agency a check in payment of any license fee, permit fee or other charge which is dishonored or unpaid by the bank upon which it is drawn, the sum of twenty dollars ($20) shall be added to the amount of such fee or charge plus interest and penalties as provided therein. 3 (9) No license or permit shall be issued or renewed if the applicant is delinquent in the payment of any City or School District of Philadelphia taxes, charges, fees, rents or claims, or any penalties or fines related to the applicant's business for which the applicant is responsible, unless the applicant has entered into an agreement to pay any such delinquency and is abiding by the terms of such agreement. Compliance is required by the person or business required to obtain the license or permit. Proof of compliance by submission of a Tax Clearance Certificate shall be required prior to issuance of any license or permit. 4 (a) The requirements of this subsection (9) may be waived upon: (.1) The Department's written determination that the license or permit is required for work needed to correct a violation of The Philadelphia Code, and that immediate issuance of such license or permit is necessary to protect public safety. Waiver under this provision shall not be available for licenses to engage in a trade or business or for rental licenses. (10) The Department is authorized to revise by regulation any fee imposed in connection with the issuance of any license or permit required under this Title. Any such fee shall be set to cover the costs of program administration, provided that no fee shall be increased to an amount higher than the fee as it existed on July 1, 2017, multiplied by the CPI Multiplier. The CPI Multiplier shall be equal to the most recently published Consumer Price Index for all Urban Consumers (CPI-U) All Items Index, Philadelphia, Pennsylvania, as of the effective date of the proposed fee increase, divided by the most recently published CPI-U as of July 1, 2017; and further provided that for fees established in this Code after July 1, 2017, the fee shall not be increased to an amount higher than the fee on the date that it was established, multiplied by the CPI Multiplier, using as the base figure for purposes of determining the CPI Multiplier the most recently published CPI-U as of July 1 of the year the fee was established. 5 Notes 2 | Amended, 1961 Ordinances, p. 991. 3 | Amended, Bill No. 050203 (approved June 15, 2005). Section 2 of Bill No. 050203 provides: "This Ordinance shall take effect December 31, 2005"; Bill No. 051027 (approved January 24, 2006) changed the effective date to June 30, 2006. 4 | Added, Bill No. 050203 (approved June 15, 2005). Section 2 of Bill No. 050203 provides: "This Ordinance shall take effect December 31, 2005"; Bill No. 051027 (approved January 24, 2006) changed the effective date to June 30, 2006. Amended, Bill No. 160138-A (approved June 28, 2016), effective January 1, 2017. 5 | Added, Bill No. 170165 (approved April 4, 2017); amended, Bill No. 240430 (approved January 15, 2025).

Philadelphia Code § 9-103 Enforcement and Appeals.

§ 9-103. Enforcement and Appeals. (1) No agency shall prosecute for or abate any violation of the conditions of any license or revoke any license or permit until the agency has served written notice of the alleged violation upon the holder of the license and afforded him an opportunity to show or achieve compliance with all lawful requirements; except where the agency finds that public health, safety, morals or welfare requires immediate action. In cases in which public health, safety, morals or welfare requires immediate action, any order other than the above-mentioned notice of violation shall contain a statement of the reasons why the public health, safety, morals or welfare required immediate action. Failure to correct the violation in the time specified in the notice of violation shall constitute a separate offense each day the violation continues uncorrected. In addition to any penalty imposed by this Chapter and any other remedy at law or in equity under this Title, the City may apply to a Court of Common Pleas or the County Court of Philadelphia for appropriate relief at law or in equity to enforce compliance with, or restrain violation of any provision of this Title. 6 (2) Except as otherwise provided, any person aggrieved by any order of any agency may appeal to the Board of License and Inspection Review for a review of the order in accordance with procedures prescribed by the Board. He shall upon request be furnished with a written statement of the reasons for the agency order, and shall be afforded a hearing thereon by the Board. The hearing shall be conducted according to the regulations of the Board. The Board may affirm, modify, reverse, vacate or revoke the order from which the appeal was taken, and it shall make findings and render a decision in writing. (3) Compliance with an order shall be required while an appeal is pending before the Board of License and Inspection Review or before a Court, except that the Board of License and Inspection Review, upon application of the appellant, shall have the power to issue a stay upon a showing of good cause and likelihood of success on the merits of the appeal. 7 Notes 6 | Amended, 1965 Ordinances, p. 1265. 7 | Amended and subsection (4) deleted, Bill No. 000184 (approved March 21, 2001).

Philadelphia Code § 9-104 Reinspection Fees.

§ 9-104. Reinspection Fees. (1) The Department is authorized to charge a fee, as follows, for all second and subsequent reinspections of business operations or activities regulated under this Title when, upon reinspection, the Department determines that operations or activities previously found not in compliance with a provision of this Title continue not to be in compliance: Second reinspection. . . . . $75 Third reinspection. . . . . $150 Fourth and subsequent reinspections. . . . . $300 (2) In addition to other penalties outlined in this Title, any person who fails to remit the required reinspection fee to the Department when requested, shall have his or her license or permit to conduct the business activity or operation suspended, and the business activity or operation shall cease until the payment of fees owed has been received by the Department. Notes 8 | Added, Bill No. 040422 (approved June 3, 2004). Section formerly entitled "Fair Employment Practices." Source: 1948 Ordinances, p. 74; repealed and replaced by Chapter 9-1100, 1963 Ordinances, p. 411. Enrolled Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081, erroneously amends this repealed Section.

Philadelphia Code § 9-105 Penalties.

§ 9-105. Penalties. (1) Except as otherwise provided in Chapters 9-600, 9-702, 9-800, 9-900, 9-1000, 9-1100, 9-1200, 9-1600, 9-4000, 9-4200, 10 and 9-4400, and 9-6900, 10.1 Sections 9-604, 9-622 11 and 9-623 12 of this Title, and subsection 11-707(1) of Title 11, any person who violates any provision of this Title or any regulation adopted hereunder shall, in addition to any other penalty indicated in this Title, pay a fine of no less than one hundred fifty dollars ($150) nor more than three hundred dollars ($300). 13 (2) In addition to the penalties outlined in this Title, any licensee who has failed to pay the fines and/or costs imposed under this Section within ten (10) days of imposition by a final order from which all appeals have been exhausted shall have said license revoked and shall cease operation until all fines and costs are paid. The Department of Licenses and Inspections may issue Cease Operations Orders in accordance with the same procedures as set out in Section 6-103 of the Health Code. (3) Any person who is required to obtain a license under this Title and has failed to do so as required shall be deemed to have appointed the Managing Director of the City of Philadelphia as his agent to accept service of process in connection with any action by the City of Philadelphia. (4) Repeat Offenders. Any person who, on more than one (1) occasion, violates any provision of this Title, except any provision of Chapters 9-702, 9-800, 9-900, 9-1100, 9-1200, 9-1600, or 9-4400 or Section 9-604 of this Title, shall be guilty of a separate offense of Repeat Violation, and for each such Repeat Violation, shall be subject to a fine of not more than three hundred dollars ($300), or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless whether the second or subsequent violation occurs before or after a judicial finding of a first or previous violation. Each violation, after the first, shall; constitute a separate Repeat Violation offense. 14 Notes 9 | Added, 1990 Ordinances, p. 715; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; amended, Bill No. 732 (approved December 28, 1995), 1995 Ordinances, p. 1522; amended, Bill No. 970138 (approved May 9, 1997); amended, Bill No. 020201 (approved May 15, 2002); amended, Bill No. 041079 (approved May 12, 2005); amended, Bill No. 050065 (approved April 20, 2005). 10 | Enrolled Bill read "9-4100"; Chapter 9-4100 was renumbered to Chapter 9-4200 by Code editor. 10.1 | Enrolled Bill read "9-6700"; Chapter 9-6700 was renumbered to Chapter 9-6900 by Code editor. 11 | Bill No. 732 (approved December 28, 1995), 1995 Ordinances, p. 1522, read "9-620"; Section 9-620 was renumbered as Section 9-622 by Code editor. 12 | Bill No. 970138 read "9-622"; Section 9-622 was renumbered as Section 9-623 by Code editor. 13 | Amended, Bill No. 150079-AA (approved May 20, 2015), effective June 19, 2015; amended, Bill No. 230271 (approved July 5, 2023); amended, Bill No. 260163 (approved September 15, 2026), effective November 12, 2026. 14 | Amended, Bill No. 230271 (approved July 5, 2023).

Source: City of Philadelphia, The Philadelphia Code and Home Rule Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-274568Fetched: 10/27/2026