§ 9-6903. Permitted Sale of Intoxicating Substances.
(1) Intoxicating Substance Retailer Permit Required.
(a) No business shall act as an Intoxicating Substance retailer without a current intoxicating substance retailer permit for each location where the business engages in intoxicating substance retailing. Acting as an intoxicating substance retailer without a permit is hereby declared a nuisance as a matter of law.
(b) Each intoxicating substance retailer shall prominently display the intoxicating substance retailer permit at each location where the business engages in intoxicating substance retailing.
(c) An intoxicating substance retailer permit shall be issued to an applicant if, in addition to any other applicable requirement, all of the following requirements are met:
(.1) It shall be unlawful for any person to sell or offer for sale any intoxicating substance that is not considered appropriate for use as a dietary supplement or a safe food additive or the subject of an application that has been approved in accordance with under Sections 201, 301, 402, 409, or 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 321, 331, 342, 348, or 355).
(.2) The applicant has provided all material information required by the application.
(.3) The applicant has not made any material false statement in the application.
(.4) The applicant currently maintains a valid permit to dispense medical marijuana from the Pennsylvania Bureau of Medical Marijuana, if required.
(.5) The applicant currently maintains a valid commercial activity license and any license or permit required under this Title.
(.6) The location for which the intoxicating substance retailer permit is sought is fixed, and not mobile.
(.7) The location for which the intoxicating substance retailer permit is sought is not situated within:
(.a) A zoning district where such use is not expressly allowed;
(.b) 500 ft. of any regulated use, as set forth in subsection 14-603(13) (Regulated Use);
(.c) 500 ft. of any school (up to and including the 12th grade) or its adjunct recreation areas / play fields;
(.d) 500 ft. of any public playground;
(.e) 500 ft. of any public swimming pool;
(.f) 500 ft. of any public park;
(.g) 500 ft. of any public recreation center;
(.h) 500 ft. of any public library;
(.i) 500 ft. of any child care; or
(.j) Any of the following designated areas:
(i) City Avenue from the Schuylkill Expressway to City Boundary.
(ii) 63rd Street from City Avenue to Lebanon Avenue.
(iii) Monument Road from City Avenue to Ford Road.
(iv) Conshohocken Avenue.
(v) Parkside Avenue from 52nd Street to Belmont Avenue.
(vi) Haverford Avenue from City Avenue to Lansdowne Avenue.
(vii) 54th Street from City Avenue to Overbrook Avenue.
(viii) 54th Street from Arlington Street to Montgomery Avenue.
(ix) Germantown Avenue from Erie Avenue to West Cumberland Street.
(x) Fairmount Avenue, both sides, from Broad Street to Pennsylvania Avenue.
(xi) Ridge Avenue from Broad Street to 33rd Street.
(xii) Cecil B. Moore Avenue from Broad Street to 24th Street.
(xiii) Broad Street from Spring Garden to Lehigh Avenue.
(xiv) Girard Avenue, both sides, from 4th Street to Broad Street.
(xv) Lehigh Avenue, south side, from 33rd Street to Broad Street.
(xvi) Lehigh Avenue, both sides, Broad Street to 6th Street.
(xvii) Spring Garden Street from Broad Street to Pennsylvania Avenue.
(xviii) Spring Garden Street, north side, from Broad Street to 4th Street.
(xix) Krewstown Road from Grant Avenue to Bloomfield Avenue.
(xx) Grant Avenue from Krewstown Road to Blue Grass Road.
(xxi) Red Lion Road from Roosevelt Boulevard to Steven Road.
(xxii) Red Lion Road from Calera Road to Academy Road.
(xxiii) Fairdale Road from Knights Road to Whiting Road.
(xxiv) Bustleton Avenue from Cottman Avenue to County Line Road.
(xxv) Castor Avenue from Cottman Avenue to Bustleton Avenue.
(xxvi) Rhawn Street from Roosevelt Boulevard to Oxford Avenue.
(xxvii) Oxford Avenue from Cottman Avenue to City Limit.
(xxviii) Verree Road from Oxford Avenue to Bustleton Avenue.
(xxix) Byberry Road from Roosevelt Boulevard to Philmont Avenue.
(xxx) Morrell Avenue from Frankford Avenue to Academy Road.
(xxxi) Academy Road from Byberry Road to Torrey Road.
(xxxii) Knights Road from Fairdale Road to City Limit.
(xxxiii) The area bounded by Knights Road from Franklin Mills Circle in the north to Woodhaven Road in the south, Woodhaven Road from Knights Road in the west to Franklin Mills Circle in the east, and Franklin Mills Circle from Woodhaven Road in the south to Knights Road in the north.
(xxxiv) Aramingo Avenue Shopping Area.
(xxxv) Mayfair Business Improvement District.
(xxxvi) Cottman Avenue from Kindred Street to its terminus at the Delaware River.
(xxxvii) Frankford Avenue from Poquesing Creek to Harbison Avenue, east side.
(xxxviii) Bustleton Avenue from Cottman Avenue to Roosevelt Boulevard, east side.
(xxxix) Grant Avenue from Roosevelt Boulevard to Milnor Street, south side.
(xl) Aramingo Avenue from East Allegheny Avenue to Bridge Street, east side.
(xli) Allegheny Avenue from Kensington Avenue to Delaware Avenue, east side.
(xlii) Kensington Avenue from Allegheny Avenue to Frankford Creek, east side.
(xliii) Torresdale Avenue from Kensington Avenue to Frankford Creek.
(xliv) Torresdale Avenue from Harbison Avenue to Convent Lane.
(xlv) Torresdale Avenue from Fitler Street to Grant Avenue.
(xlvi) Harbison Avenue from Bridge Street to Roosevelt Boulevard, east side.
(xlvii) Richmond Street from Allegheny Avenue to Brill Street.
(xlviii) State Road from Longshore Avenue to Poquesing Creek.
(xlix) Rhawn Street from Roosevelt Boulevard to State Road.
(l) Welsh Road from Roosevelt Boulevard to Walker Street.
(li) Rowland Avenue from Frankford Avenue to Solly Avenue.
(lii) Castor Avenue from Kensington Avenue to North Delaware Avenue.
(liii) Lancaster Avenue from 34th Street to 48th Street.
(liv) Spring Garden Street from 31st Street to 40th Street.
(lv) Haverford Avenue from 31st Street to 52nd Street.
(lvi) Girard Avenue from 34th Street to Belmont Avenue.
(lvii) 40th Street from Girard Avenue to Chestnut Street.
(lviii) Belmont Avenue from Parkside Avenue to Haverford Avenue, east side.
(lix) Market Street from 40th Street to 63rd Street, south side.
(lx) Chestnut Street from 42nd Street to 63rd Street.
(lxi) Walnut Street from 42nd Street to 63rd Street.
(lxii) Baltimore Avenue from 42nd Street to 61st Street.
(lxiii) 52nd Street from Wyalusing Avenue to Woodland Avenue.
(lxiv) 56th Street from Market Street to Baltimore Avenue.
(lxv) 60th Street from Market Street to Catharine Street.
(lxvi) 62nd Street from Market Street to Catharine Street.
(lxvii) 58th Street from Market Street to Woodland Avenue.
(lxviii) Chester Avenue from 42nd Street to 57th Street, east side.
(lxix) Woodland Avenue from 42nd Street to 57th Street, east side.
(lxx) North 5th Street from Spencer Street to Somerville Avenue.
(lxxi) Ogontz Avenue from Cheltenham Avenue to 67th Avenue.
(lxxii) Wadsworth Avenue from Cheltenham Avenue to Michener Avenue.
(lxxiii) 22nd Street from Lehigh Avenue to West Allegheny Avenue.
(lxxiv) 5th Street from West Roosevelt Boulevard to Delphine Street.
(lxxv) Broad Street from Ruscomb Street to West Venango Street.
(lxxvi) Broad Street from Lehigh Avenue to West Westmoreland Street.
(lxxvii) Germantown Avenue from Staub Street to East Washington Lane.
(lxxviii) West Chelten Avenue from Wissahickon Avenue to Morton Street.
(lxxix) Chestnut Hill Business Improvement District.
(lxxx) Mt. Airy Business Improvement District.
(lxxxi) Washington Avenue, both sides, from Broad Street to 25th Street.
(lxxxii) Snyder Avenue, both sides, from Broad Street to 25th Street.
(lxxxiii) Point Breeze Avenue, both sides, from Federal Street to Moore Street.
(lxxxiv) West Passyunk Avenue, both sides, from Broad Street to 23rd Street.
(lxxxv) Snyder Avenue, both sides, from Broad Street to 25th Street.
(lxxxvi) South Street, both sides, from Broad Street to 27th Street.
(lxxxvii) South Street, south side, from Broad Street to 10th Street.
(lxxxviii) Oregon Avenue, both sides, from Broad Street to 23rd Street.
(lxxxix) Elmwood Avenue, both sides, from 65th street to Island Avenue.
(xc) Woodland Avenue, both sides, from 58th Street to 68th Street.
(xci) Old City Special Services District.
(xcii) South Street / Headhouse District.
(xciii) East Passyunk Business Improvement District.
(xciv) Northern Liberties Business Improvement District.
(xcv) Fishtown Kensington Area Business Improvement District.
(xcvi) Center City District.
(xcvii) Allegheny Avenue from Kensington Avenue to Delaware Avenue.
(xcviii) Delaware Avenue from Spring Garden Street to Allegheny Avenue.
(xcix) Lehigh Avenue from Kensington Avenue to Richmond Street.
(c) Girard Avenue from Front Street to Richmond Street.
(ci) Aramingo Avenue from Allegheny Avenue to Delaware Avenue.
(cii) Market Street from Front Street to Broad Street.
(ciii) Richmond Street from Delaware Avenue to Allegheny Avenue.
(civ) Spring Garden Street from Delaware Avenue to Broad Street.
(cv) Frankford Avenue from Allegheny Avenue to Delaware Avenue.
(cvi) Callowhill Street from Delaware Avenue to Broad Street.
(cvii) Kensington Avenue from Allegheny Avenue to Front Street.
(cviii) Front Street from Oregon Avenue to Race Street.
(cix) York Street from Aramingo Avenue to Amber Street.
(cx) Chestnut Street from Front Street to Broad Street.
(cxi) Walnut Street from Front Street to Broad Street.
(cxii) Washington Avenue from Broad Street to Delaware Avenue.
(cxiii) South Street from Front Street to Broad Street.
(cxiv) Passyunk Avenue from Broad Street to South Street.
(cxv) 9th Street from Oregon Avenue to Spring Garden Street.
(cxvi) Broad Street from Oregon Avenue to Spring Garden Street.
(cxvii) Christian Street from Columbus Boulevard to Broad Street.
(cxviii) Columbus Boulevard from Spring Garden Street to the Walt Whitman Bridge.
(cxix) Snyder Avenue from Columbus Boulevard to Broad Street.
(cxx) Oregon Avenue from Columbus Boulevard to Broad Street.
(cxxi) West Lehigh Avenue from North 3rd Street to North Howard Street.
(cxxii) North American Street from West Huntingdon Street to West Somerset Street.
(cxxiii) West Allegheny Avenue from North Randolph Street to North 2nd Street.
(cxxiv) 5th Street from West Huntingdon to West Clearfield.
(cxxv) West Lehigh Avenue from North Marshall Street to North 5th Street.
(cxxvi) West Luzerne Street to North 5th Street.
(cxxvii) West Wyoming Avenue to North 5th Street.
(cxxviii) West Erie Avenue from North Franklin Street To North 5th Street.
(cxxix) Rising Sun Avenue from North 8th Street To West Pike Street.
(cxxx) West Butler Street From North Marshall Street To North Lawrence Street.
(cxxxi) North 6th Street From West Pike Street To West Erie Avenue.
(cxxxii) North 6th Street from West Berks Street to West Susquehanna.
(cxxxiii) Bustleton & Harbison Bustleton Avenue from Unruh Avenue to Princeton Avenue.
(cxxxiv) Bustleton Avenue to Bradford Street.
(cxxxv) Bustleton Avenue to Leonard Street.
(cxxxvi) Bustleton Avenue to Knorr Street.
(cxxxvii) Bustleton Avenue from Unruh Avenue to Akron Street.
(cxxxviii) East Alleghany Avenue to B Street.
(cxxxix) East Alleghany Avenue to D Street.
(cxl) Castor Avenue from Comly Street to Benner Street.
(cxli) Castor Avenue from Robbins Street to Glenview Street.
(cxlii) Castor Avenue to Large Street.
(cxliii) East Wingohocking Street from Castor to Adams Avenue.
(cxliv) Castor Avenue from East Wingohocking Street to Orthodox Street.
(cxlv) East Wyoming Avenue from Rosehill Street to Tampa Street.
(cxlvi) East Wyoming Avenue to East Mentor Street.
(cxlvii) East Wyoming to East Thelma Street.
(cxlviii) East Erie Avenue from I Street to Adams Avenue.
(cxlix) Frankford Avenue from East Hunting Park Avenue to Adams Avenue.
(cl) Torresdale Avenue from Frankford Avenue to Paul Street.
(cli) Kensington Avenue from East Pacific Street to East Luzerne Street.
(clii) Frankford Avenue from East Berk Street To East Sergeant Street.
(cliii) Frankford Avenue from Benner Street to Tyson Avenue.
(cliv) Frankford Avenue to Erdrick Street.
(clv) Frankford Avenue to Charles Street.
(clvi) Frankford Avenue to Hawthorne Street.
(clvii) Frankford Avenue to Mulberry Street.
(clviii) Frankford Avenue / Bridge-Pratt Frankford Avenue from Allengrove Street to Brill Street.
(clix) Pratt Street from Griscom Street to Duffield Street.
(clx) Frankford Avenue from Adams Avenue to Unity Street.
(clxi) Kensington Avenue from Adams Avenue to Unity Street.
(clxii) Frankford Avenue / Margaret-Orthodox Frankford Avenue from Unity Street to Allengrove Street.
(clxiii) Oxford Avenue from Margaret Street to Leiper Street.
(clxiv) North Front Street from Clearfield to East Ontario Street.
(clxv) North Front Street to North Lee Street.
(clxvi) North Front Street to Mascher Street.
(clxvii) West Allegheny Avenue from Mascher Street to Ella Street.
(clxviii) North Front Street from Diamond Street to East Cumberland Street.
(clxix) Kensington Avenue from East York Street to East Lehigh Avenue.
(clxx) Harbison Avenue from Ditman Street To Aramingo Avenue.
(clxxi) Torresdale Avenue from Bridge Street To Fraley Street.
(clxxii) East Tioga Street to Rand Street and East Tioga Street to Malta Street.
(clxxiii) I Street to Train Intersection (no street name).
(clxxiv) East Hunting Park Avenue from Whitaker Avenue to L Street.
(clxxv) East Hunting Park Avenue to East Lycoming Street.
(clxxvi) Kensington Avenue from East Indiana to East Estaugh Street.
(clxxvii) East Allegheny Avenue from Kensington Avenue to Emerald Street.
(clxxviii) East Allegheny Avenue from Kensington Avenue to Reach Street.
(clxxix) Kensington Avenue from East Tusculum Street To East Orleans Street.
(clxxx) East Vanango Street to East Glenwood Avenue.
(clxxxi) East Ontario Street to East Vanango Street.
(clxxxii) Oxford Avenue from Pratt Street to East Roosevelt Street.
(clxxxiii) Oxford Avenue from Sanger Street to East Roosevelt Street.
(clxxxiv) Oxford Avenue from East Roosevelt Street to Van Kirk Street.
(.9) Any other requirement adopted by the Department by regulation pursuant to this Section.
(d) An intoxicating substance retailer permit is valid for one business at one location and may not be transferred from one business to another or from one location to another. A new intoxicating substance retailer permit is required whenever an intoxicating substance retailer changes location or transfers ownership.
(2) Permit Expiration, Renewal, and Revocation.
(a) Term. An intoxicating substance retailer permit shall be effective through the thirty-first day of December of the calendar year for which it is issued.
(b) Renewal. Any person lawfully issued an intoxicating substance retailer permit pursuant to the provisions of this Section shall be entitled to renew such permit, provided that all the requirements of this Section, and any other applicable requirements, are met.
(.1) An intoxicating substance retailer shall apply for renewal and submit the applicable renewal fee no later than sixty (60) days prior to expiration of the license permit term. Renewal applications submitted less than sixty (60) days prior to the expiration of the license permit term shall be subject to both the new application fee, and the renewal fee, and the late renewal fee.
(.2) Applicants for renewal shall meet the requirements for an intoxicating substance retailer license permit set forth under subsection (1).
(c) Revocation of Permit.
(.1) An intoxicating substance retailer permit may be revoked for any of the following reasons:
(.a) Failure to provide all information required as a condition of issuing an intoxicating substance retailer permit;
(.b) Making a material false statement in an application for an intoxicating substance retailer permit or in a renewal application for an intoxicating substance retailer permit;
(.c) Failure to maintain a valid medical marijuana permit from the Pennsylvania Bureau of Medical Marijuana, if required;
(.d) Failure to maintain a valid commercial activity license or any other license or permit required under this Title;
(.e) The person issued an intoxicating substance retailer permit is delinquent in the payment of any City or School District of Philadelphia taxes, charges, fees, rents or claims, or any penalties or fines relating to the person’s business for which the person is responsible, unless the person has entered into an agreement to pay any such delinquency and is abiding by the terms of such agreement.
(.f) The person issued an intoxicating substance retailer permit engages in intoxicating substance retailing at any other location in the City in violation of any provision of this Section, or any City requirement with respect to intoxicating substance retailing.
(3) Permit Fees. The application and renewal fees shall be three-hundred ($300), and the late renewal fee shall be fifty dollars ($50), except that the Department may alter these fee amounts by regulation, based on the total cost of the administration and enforcement of this Section. The application fee shall be paid at the time the application is submitted. The renewal fee shall be paid at the time the renewal application is submitted.
(4) Testing and Certification Required. Any intoxicating substance sold by a permitted intoxicating substance retailer shall be tested by a Drug Enforcement Agency (DEA) registered and licensed laboratory in Pennsylvania authorized to test such substances.
(a) Intoxicating Hemp products shall be certified by such laboratory as:
(.1) Having a total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of not more than three-tenths of one percent (0.3%) on a dry weight basis; and
(.2) Being free from heavy metals, pesticides, solvents, mycotoxins, microbials and other contaminants.
(.3) Being free from any poisonous or otherwise deleterious ingredient, including, but not limited to, any of the following:
(.a) A controlled substance listed under section 4 of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-104).
(.b) A controlled substance listed under 28 Pa. Code Ch. 25 Subch. A (relating to controlled substances, drugs, devices and cosmetics).
(.c) A substance that is temporarily scheduled as a controlled substance by the Secretary of Health pursuant to section 3(d) of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-103(d)).
(.4) Being free from any substance that affects the quality or strength of the intoxicating hemp product to such a degree as to render the product injurious to a consumer.
(b) Kratom products shall be certified by such laboratory as:
(.1) Being free from any substance that affects the quality or strength of the kratom product to such a degree as to render the kratom product injurious to a consumer.
(.2) Being free from any poisonous or otherwise deleterious non-kratom ingredient, including, but not limited to, any of the following:
(.a) A controlled substance listed under section 4 of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-104).
(.b) A controlled substance listed under 28 Pa. Code Ch. 25 Subch. A (relating to controlled substances, drugs, devices and cosmetics).
(.c) A substance that is temporarily scheduled as a controlled substance by the Secretary of Health pursuant to section 3(d) of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-103(d)).
(.3) Containing a kratom extract with levels of residual solvents below the standards specified in the edition of the United States Pharmacopeia / National Formulary 467 that is current on the effective date of this paragraph.
(.4) Containing a level of 7-hydroxymitragynine in the alkaloid fraction of not more than two percent (2%) of the overall alkaloid composition of the kratom product.
(.5) Being free from heavy metals, pesticides, solvents, mycotoxins, microbials and other contaminants.
(5) Labeling Required. Any intoxicating substance sold by a permitted intoxicating substance retailer shall be labeled, in accordance with regulations adopted by the Department, in a manner that identifies to consumers that the product meets the criteria established in this Section, and otherwise complies with all applicable hemp and kratom and consumer protection laws and regulations:
(a) Intoxicating Hemp products shall be labeled as:
(.1) Having a total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of not more than three-tenths of one percent (0.3%) on a dry weight basis; and
(.2) Being free from heavy metals, pesticides, solvents, mycotoxins, microbials and other contaminants.
(.3) Being free from any poisonous or otherwise deleterious ingredient, including, but not limited to, any of the following:
(.a) A controlled substance listed under section 4 of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-104).
(.b) A controlled substance listed under 28 Pa. Code Ch. 25 Subch. A (relating to controlled substances, drugs, devices and cosmetics).
(.c) A substance that is temporarily scheduled as a controlled substance by the Secretary of Health pursuant to section 3(d) of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-103(d)).
(.4) Being free from any substance that affects the quality or strength of the intoxicating hemp product to such a degree as to render the product injurious to a consumer.
(b) Kratom products shall be labeled as:
(.1) Being free from any substance that affects the quality or strength of the kratom product to such a degree as to render the kratom product injurious to a consumer.
(.2) Being free from any poisonous or otherwise deleterious non-kratom ingredient, including, but not limited to, any of the following:
(.a) A controlled substance listed under section 4 of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-104).
(.b) A controlled substance listed under 28 Pa. Code Ch. 25 Subch. A (relating to controlled substances, drugs, devices and cosmetics).
(.c) A substance that is temporarily scheduled as a controlled substance by the Secretary of Health pursuant to section 3(d) of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-103(d)).
(.3) Containing a kratom extract with levels of residual solvents below the standards specified in the edition of the United States Pharmacopeia / National Formulary 467 that is current on the effective date of this paragraph.
(.4) Containing a level of 7-hydroxymitragynine in the alkaloid fraction of not more than two percent (2%) of the overall alkaloid composition of the kratom product.
(.5) Being free from heavy metals, pesticides, solvents, mycotoxins, microbials and other contaminants.
Notes
1420 | Section 2 of Bill No. 260163 provides that this Section shall take effect upon the issuance of regulations by the Department.
