Philadelphia "Promoter" Bill
Published May 14, 2010
This Petition is to stop Philadelphia Law Makers from requiring Venues and Promoters to submit applications 30 days in advance to the Chief of Police proving entertainment licenses, contracts between promoter and venue, liquor licenses and security plans before EVERY show scheduled.
This new law would put hundreds of DIY promoters out of business and prevent music shows from happening in our city.
This new law is extreme, unwarranted, and unjustified.
If you care about local music in Philadelphia, sign the petition below which will be submitted to Philadelphia Lawmakers.
You can read the bill here:
http://webapps.phila.gov/council/attachments/10044.pdf
You can also send letters and emails to the following:
Bill.Greenlee@phila.gov
City Hall, Room 580
Philadelphia, PA 19107-3290
phone:
(215) 686-3446, (215) 686-3447
FAX: (215) 686-1927
The Entire Bill:
BILL NO. 100267
Introduced April 22, 2010
Councilmembers Greenlee and Clarke
Referred to the
Committee on Licenses and Inspections
AN ORDINANCE
Amending Section 9-703 of The Philadelphia Code, entitled “Special Assembly
Occupancies,” by imposing various requirements on promoters of events at special
assembly occupancies; all under certain terms and conditions.
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Section 9-703 of The Philadelphia Code is hereby amended to read as
follows:
§ 9-703. Special Assembly Occupancies.
(1) Definitions.
* * *
(e) “Promoter” shall mean any person who:
(.1) is directly or indirectly responsible for the organization of
an event, as evidenced by activities such as contracting with the principals, selecting
entertainment, advertising or otherwise holding out an event to members of the general
public, inviting participants to an event, or renting or controlling the site of an event; and
(.2) directly or indirectly receives or shares in any of the
following:
(i) admission or entrance fees paid by participants or
spectators at the event; or
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 2 -
(ii) compensation, consideration or other revenue from
sponsors of or private donors to the event; or
(iii) revenues from concessions or other sales at the
event.
(.3) The following persons are not promoters within the
meaning of this Section:
(i) any print or broadcast media who are paid for page
space or broadcast time to advertise an event but exercise no other financial or
operational responsibility in connection to the event; and
(ii) any off-premises ticket seller who sells admission
tickets to an event in advance of such event but exercises no other financial or
operational responsibility in connection to the event; and
(iii) any performer who is paid for his performance at
an event but exercises no other financial or operational responsibility in connection to
the event; and
(iv) any agent of an athlete or performer who is
compensated for negotiating his client’s contract to perform at an event but exercises no
other financial or operational responsibility in connection to the event; and
(v) the City of Philadelphia, a city agency or a cityrelated
agency; and
(vi) any employee of the City of Philadelphia or a city
agency or a city-related agency, to the extent that the employee plans, prepares or
executes an event in the course of such employment; and
(vii) any not-for-profit corporation or association, to the
extent that the not-for-profit corporation or association personally plans, prepares or
executes an event on its own behalf; and
(viii) any bona fide member or employee of a not-forprofit
corporation or association, to the extent such member or employee plans, prepares
or executes an event in the course of such membership or employment on behalf of the
not-for-profit corporation or association; and
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 3 -
(ix) any political committee to the extent that the
political committee personally plans, prepares or executes an event on its own behalf;
and
(x) any bona fide candidate for public office or any
employee of a political committee, to the extent that such candidate or employee plans,
prepares or executes an event in the course of such candidacy or employment on behalf
of a political committee.
(f) “Event” shall mean any activity requiring a special assembly
occupancy license.
(g) “Political committee” shall mean any committee, club,
association, political party, or other group of persons, including the candidate political
committee of a candidate for office in a covered election, which receives contributions or
makes expenditures for the purpose of influencing the outcome of a covered election.
* * *
(3) Promoted Event Permit.
(a) A Promoter of an event must obtain a promoted event permit from
the Police Commissioner for each such event. Application for such promoted event
permit shall be made in writing to the captain of the police district in which the event is
to take place at least thirty days prior to such event, upon a suitable form prescribed and
furnished by the Commissioner. The application shall be deemed approved unless it is
denied at least ten days prior to such event. Such application shall include such
information as the Commissioner shall require, but must include all of the following:
(i) The promoter’s business privilege license number;
(ii) A detailed security plan that shall ensure adherence to
capacity restrictions of the venue, provide for sufficient security personnel and outline
weapons detection measures that will be taken. For events where alcohol will be served,
the security plan must ensure that all staff employed by the promoter and the special
assembly occupancy licensee present during the event will be certified as proficient with
responsible alcohol management procedures as outlined by the Pennsylvania Liquor
Control Board. Such plan must be approved by the Police Commissioner or his or her
designee prior to the issuance of the promoted event permit.
(iii) A copy of the written contract between the promoter and
special assembly occupancy licensee.
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 4 -
[(3)](4) Operation of Special Assembly Occupancies and Promoters.
(a) It shall be the responsibility of every special assembly occupancy
licensee as a condition to the receipt or retention of the special assembly occupancy
license, and of every promoter which exercises full or partial operational control over the
special assembly occupancy, as a condition to the receipt or retention of a promoted
event permit, to [i]ensure that patrons do not congregate in a disorderly manner, and do
not engage in any illegal activity, including non-compliance with § 10-604 relating to
alcoholic beverages in and around the immediate vicinity of the special assembly
occupancy.
* * *
(c) It shall be the responsibility of every special assembly occupancy
licensee as a condition to the receipt or retention of the special assembly occupancy
license, and every promoter which exercises full or partial operational control over the
special assembly occupancy, as a condition to the receipt or retention of a promoted
event permit, to:
* * *
(.5) No special assembly occupancy licensee may enter into any
contract, lease, or other type of financial arrangement between a special assembly
occupancy licensee and a promoter unless the promoter has complied with all
requirements of this Section. Any contract between a special assembly occupancy
licensee and a promoter must be in writing and copies of such contract(s) must be
available for inspection prior to and during any event at the event location.
(d) The Department shall take all steps necessary to terminate the
business operations of any special assembly occupancy and any promoter that has
violated any provisions of this subsection [(3)](4), including, but not limited to the
following:
* * *
(.3) the initiation of proceedings to enjoin preliminarily and/or
permanently the further operation of the special assembly occupancy and any promoter
which has violated or intends to violate such subsections.
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 5 -
(e) Any special assembly occupancy licensed under this Section and
any promoter issued a promoted event permit 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
business privilege licenses.
[(4)](5) Enforcement.
* * *
(c) The Department shall promulgate such regulations as it deems
proper to regulate the form and manner of issuing and revoking special assembly
occupancy licenses and promoted event permits and the imposition of sanctions set forth
in this Chapter for operating without, or in violation of the conditions of, a valid license
and permit. Such regulations may provide for the imposition of sanctions on one or more
of the premises operated under a particular license, depending on the breadth of
occurrence of the violative behavior[.] and shall hold both the special assembly
occupancy licensee and any promoter which exercises full or partial operational control
over the special assembly occupancy jointly liable for the costs expended by the police
and the department in responding to and quelling any violations of this Section, including
any private or public nuisances arising from the operations of the special assembly
occupancy.
(d) A violation of any provision of this Section shall be classified as a
Class III offense as set forth in Section 1-109. All violations of each subsection of this
Section which are committed on a single calendar day shall be aggregated together and
constitute one single violation for the purpose of issuing citations and assessing penalties
under this Section. Violations of different subsections of this Section which are committed
on a single calendar day shall not be aggregated and shall constitute separate and
distinct violations for the purpose of issuing citations and assessing penalties under this
Section.
[(5)](6)
* * *
SECTION 2. Effective Date. This Ordinance shall take effect immediately upon
becoming law.
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 6 -
----------------------------------------------------
Added by: Anthropicrecords on May 14, 2010, 3:24:39 pm
----------------------------------------------------
This Petition is to stop Philadelphia Law Makers from requiring Venues and Promoters to submit applications 30 days in advance to the Chief of Police proving entertainment licenses, contracts between promoter and venue, liquor licenses and security plans before EVERY show scheduled.
This new law would put hundreds of DIY promoters out of business and prevent music shows from happening in our city.
This new law is extreme, unwarranted, and unjustified.
If you care about local music in Philadelphia, sign the petition below which will be submitted to Philadelphia Lawmakers.
You can read the bill here:
http://webapps.phila.gov/council/attachments/10044.pdf
You can also send letters and emails to the following:
Bill.Greenlee@phila.gov
City Hall, Room 580
Philadelphia, PA 19107-3290
phone:
(215) 686-3446, (215) 686-3447
FAX: (215) 686-1927
The Entire Bill:
BILL NO. 100267
Introduced April 22, 2010
Councilmembers Greenlee and Clarke
Referred to the
Committee on Licenses and Inspections
AN ORDINANCE
Amending Section 9-703 of The Philadelphia Code, entitled “Special Assembly
Occupancies,” by imposing various requirements on promoters of events at special
assembly occupancies; all under certain terms and conditions.
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Section 9-703 of The Philadelphia Code is hereby amended to read as
follows:
§ 9-703. Special Assembly Occupancies.
(1) Definitions.
* * *
(e) “Promoter” shall mean any person who:
(.1) is directly or indirectly responsible for the organization of
an event, as evidenced by activities such as contracting with the principals, selecting
entertainment, advertising or otherwise holding out an event to members of the general
public, inviting participants to an event, or renting or controlling the site of an event; and
(.2) directly or indirectly receives or shares in any of the
following:
(i) admission or entrance fees paid by participants or
spectators at the event; or
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 2 -
(ii) compensation, consideration or other revenue from
sponsors of or private donors to the event; or
(iii) revenues from concessions or other sales at the
event.
(.3) The following persons are not promoters within the
meaning of this Section:
(i) any print or broadcast media who are paid for page
space or broadcast time to advertise an event but exercise no other financial or
operational responsibility in connection to the event; and
(ii) any off-premises ticket seller who sells admission
tickets to an event in advance of such event but exercises no other financial or
operational responsibility in connection to the event; and
(iii) any performer who is paid for his performance at
an event but exercises no other financial or operational responsibility in connection to
the event; and
(iv) any agent of an athlete or performer who is
compensated for negotiating his client’s contract to perform at an event but exercises no
other financial or operational responsibility in connection to the event; and
(v) the City of Philadelphia, a city agency or a cityrelated
agency; and
(vi) any employee of the City of Philadelphia or a city
agency or a city-related agency, to the extent that the employee plans, prepares or
executes an event in the course of such employment; and
(vii) any not-for-profit corporation or association, to the
extent that the not-for-profit corporation or association personally plans, prepares or
executes an event on its own behalf; and
(viii) any bona fide member or employee of a not-forprofit
corporation or association, to the extent such member or employee plans, prepares
or executes an event in the course of such membership or employment on behalf of the
not-for-profit corporation or association; and
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 3 -
(ix) any political committee to the extent that the
political committee personally plans, prepares or executes an event on its own behalf;
and
(x) any bona fide candidate for public office or any
employee of a political committee, to the extent that such candidate or employee plans,
prepares or executes an event in the course of such candidacy or employment on behalf
of a political committee.
(f) “Event” shall mean any activity requiring a special assembly
occupancy license.
(g) “Political committee” shall mean any committee, club,
association, political party, or other group of persons, including the candidate political
committee of a candidate for office in a covered election, which receives contributions or
makes expenditures for the purpose of influencing the outcome of a covered election.
* * *
(3) Promoted Event Permit.
(a) A Promoter of an event must obtain a promoted event permit from
the Police Commissioner for each such event. Application for such promoted event
permit shall be made in writing to the captain of the police district in which the event is
to take place at least thirty days prior to such event, upon a suitable form prescribed and
furnished by the Commissioner. The application shall be deemed approved unless it is
denied at least ten days prior to such event. Such application shall include such
information as the Commissioner shall require, but must include all of the following:
(i) The promoter’s business privilege license number;
(ii) A detailed security plan that shall ensure adherence to
capacity restrictions of the venue, provide for sufficient security personnel and outline
weapons detection measures that will be taken. For events where alcohol will be served,
the security plan must ensure that all staff employed by the promoter and the special
assembly occupancy licensee present during the event will be certified as proficient with
responsible alcohol management procedures as outlined by the Pennsylvania Liquor
Control Board. Such plan must be approved by the Police Commissioner or his or her
designee prior to the issuance of the promoted event permit.
(iii) A copy of the written contract between the promoter and
special assembly occupancy licensee.
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 4 -
[(3)](4) Operation of Special Assembly Occupancies and Promoters.
(a) It shall be the responsibility of every special assembly occupancy
licensee as a condition to the receipt or retention of the special assembly occupancy
license, and of every promoter which exercises full or partial operational control over the
special assembly occupancy, as a condition to the receipt or retention of a promoted
event permit, to [i]ensure that patrons do not congregate in a disorderly manner, and do
not engage in any illegal activity, including non-compliance with § 10-604 relating to
alcoholic beverages in and around the immediate vicinity of the special assembly
occupancy.
* * *
(c) It shall be the responsibility of every special assembly occupancy
licensee as a condition to the receipt or retention of the special assembly occupancy
license, and every promoter which exercises full or partial operational control over the
special assembly occupancy, as a condition to the receipt or retention of a promoted
event permit, to:
* * *
(.5) No special assembly occupancy licensee may enter into any
contract, lease, or other type of financial arrangement between a special assembly
occupancy licensee and a promoter unless the promoter has complied with all
requirements of this Section. Any contract between a special assembly occupancy
licensee and a promoter must be in writing and copies of such contract(s) must be
available for inspection prior to and during any event at the event location.
(d) The Department shall take all steps necessary to terminate the
business operations of any special assembly occupancy and any promoter that has
violated any provisions of this subsection [(3)](4), including, but not limited to the
following:
* * *
(.3) the initiation of proceedings to enjoin preliminarily and/or
permanently the further operation of the special assembly occupancy and any promoter
which has violated or intends to violate such subsections.
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 5 -
(e) Any special assembly occupancy licensed under this Section and
any promoter issued a promoted event permit 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
business privilege licenses.
[(4)](5) Enforcement.
* * *
(c) The Department shall promulgate such regulations as it deems
proper to regulate the form and manner of issuing and revoking special assembly
occupancy licenses and promoted event permits and the imposition of sanctions set forth
in this Chapter for operating without, or in violation of the conditions of, a valid license
and permit. Such regulations may provide for the imposition of sanctions on one or more
of the premises operated under a particular license, depending on the breadth of
occurrence of the violative behavior[.] and shall hold both the special assembly
occupancy licensee and any promoter which exercises full or partial operational control
over the special assembly occupancy jointly liable for the costs expended by the police
and the department in responding to and quelling any violations of this Section, including
any private or public nuisances arising from the operations of the special assembly
occupancy.
(d) A violation of any provision of this Section shall be classified as a
Class III offense as set forth in Section 1-109. All violations of each subsection of this
Section which are committed on a single calendar day shall be aggregated together and
constitute one single violation for the purpose of issuing citations and assessing penalties
under this Section. Violations of different subsections of this Section which are committed
on a single calendar day shall not be aggregated and shall constitute separate and
distinct violations for the purpose of issuing citations and assessing penalties under this
Section.
[(5)](6)
* * *
SECTION 2. Effective Date. This Ordinance shall take effect immediately upon
becoming law.
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 6 -
----------------------------------------------------
Added by: Anthropicrecords on May 14, 2010, 3:52:50 pm
----------------------------------------------------
This Petition is to stop Philadelphia Law Makers from requiring Venues and Promoters to submit applications 30 days in advance to the Chief of Police proving entertainment licenses, contracts between promoter and venue, liquor licenses and security plans before EVERY show scheduled.
This new law would put hundreds of DIY promoters out of business and prevent music shows from happening in our city.
This new law is extreme, unwarranted, and unjustified.
If you care about local music in Philadelphia, sign the petition below which will be submitted to Philadelphia Lawmakers.
You can read the bill here:
http://webapps.phila.gov/council/attachments/10044.pdf
You can also send letters and emails to the following:
Bill.Greenlee@phila.gov
City Hall, Room 580
Philadelphia, PA 19107-3290
phone:
(215) 686-3446, (215) 686-3447
FAX: (215) 686-1927
Darrell Clarke
City Hall, Room 484
Philadelphia, PA 19107-3290
(215) 686-3442, (215) 686-3443
darrell.clarke@phila.gov
City Council President:
Anna Verna
City Hall, Room 405
Philadelphia, PA 19107-3290
(215) 686-3412, (215) 686-3413
FAX: (215) 686-1932
The Entire Bill:
BILL NO. 100267
Introduced April 22, 2010
Councilmembers Greenlee and Clarke
Referred to the
Committee on Licenses and Inspections
AN ORDINANCE
Amending Section 9-703 of The Philadelphia Code, entitled “Special Assembly
Occupancies,” by imposing various requirements on promoters of events at special
assembly occupancies; all under certain terms and conditions.
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Section 9-703 of The Philadelphia Code is hereby amended to read as
follows:
§ 9-703. Special Assembly Occupancies.
(1) Definitions.
* * *
(e) “Promoter” shall mean any person who:
(.1) is directly or indirectly responsible for the organization of
an event, as evidenced by activities such as contracting with the principals, selecting
entertainment, advertising or otherwise holding out an event to members of the general
public, inviting participants to an event, or renting or controlling the site of an event; and
(.2) directly or indirectly receives or shares in any of the
following:
(i) admission or entrance fees paid by participants or
spectators at the event; or
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 2 -
(ii) compensation, consideration or other revenue from
sponsors of or private donors to the event; or
(iii) revenues from concessions or other sales at the
event.
(.3) The following persons are not promoters within the
meaning of this Section:
(i) any print or broadcast media who are paid for page
space or broadcast time to advertise an event but exercise no other financial or
operational responsibility in connection to the event; and
(ii) any off-premises ticket seller who sells admission
tickets to an event in advance of such event but exercises no other financial or
operational responsibility in connection to the event; and
(iii) any performer who is paid for his performance at
an event but exercises no other financial or operational responsibility in connection to
the event; and
(iv) any agent of an athlete or performer who is
compensated for negotiating his client’s contract to perform at an event but exercises no
other financial or operational responsibility in connection to the event; and
(v) the City of Philadelphia, a city agency or a cityrelated
agency; and
(vi) any employee of the City of Philadelphia or a city
agency or a city-related agency, to the extent that the employee plans, prepares or
executes an event in the course of such employment; and
(vii) any not-for-profit corporation or association, to the
extent that the not-for-profit corporation or association personally plans, prepares or
executes an event on its own behalf; and
(viii) any bona fide member or employee of a not-forprofit
corporation or association, to the extent such member or employee plans, prepares
or executes an event in the course of such membership or employment on behalf of the
not-for-profit corporation or association; and
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 3 -
(ix) any political committee to the extent that the
political committee personally plans, prepares or executes an event on its own behalf;
and
(x) any bona fide candidate for public office or any
employee of a political committee, to the extent that such candidate or employee plans,
prepares or executes an event in the course of such candidacy or employment on behalf
of a political committee.
(f) “Event” shall mean any activity requiring a special assembly
occupancy license.
(g) “Political committee” shall mean any committee, club,
association, political party, or other group of persons, including the candidate political
committee of a candidate for office in a covered election, which receives contributions or
makes expenditures for the purpose of influencing the outcome of a covered election.
* * *
(3) Promoted Event Permit.
(a) A Promoter of an event must obtain a promoted event permit from
the Police Commissioner for each such event. Application for such promoted event
permit shall be made in writing to the captain of the police district in which the event is
to take place at least thirty days prior to such event, upon a suitable form prescribed and
furnished by the Commissioner. The application shall be deemed approved unless it is
denied at least ten days prior to such event. Such application shall include such
information as the Commissioner shall require, but must include all of the following:
(i) The promoter’s business privilege license number;
(ii) A detailed security plan that shall ensure adherence to
capacity restrictions of the venue, provide for sufficient security personnel and outline
weapons detection measures that will be taken. For events where alcohol will be served,
the security plan must ensure that all staff employed by the promoter and the special
assembly occupancy licensee present during the event will be certified as proficient with
responsible alcohol management procedures as outlined by the Pennsylvania Liquor
Control Board. Such plan must be approved by the Police Commissioner or his or her
designee prior to the issuance of the promoted event permit.
(iii) A copy of the written contract between the promoter and
special assembly occupancy licensee.
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 4 -
[(3)](4) Operation of Special Assembly Occupancies and Promoters.
(a) It shall be the responsibility of every special assembly occupancy
licensee as a condition to the receipt or retention of the special assembly occupancy
license, and of every promoter which exercises full or partial operational control over the
special assembly occupancy, as a condition to the receipt or retention of a promoted
event permit, to [i]ensure that patrons do not congregate in a disorderly manner, and do
not engage in any illegal activity, including non-compliance with § 10-604 relating to
alcoholic beverages in and around the immediate vicinity of the special assembly
occupancy.
* * *
(c) It shall be the responsibility of every special assembly occupancy
licensee as a condition to the receipt or retention of the special assembly occupancy
license, and every promoter which exercises full or partial operational control over the
special assembly occupancy, as a condition to the receipt or retention of a promoted
event permit, to:
* * *
(.5) No special assembly occupancy licensee may enter into any
contract, lease, or other type of financial arrangement between a special assembly
occupancy licensee and a promoter unless the promoter has complied with all
requirements of this Section. Any contract between a special assembly occupancy
licensee and a promoter must be in writing and copies of such contract(s) must be
available for inspection prior to and during any event at the event location.
(d) The Department shall take all steps necessary to terminate the
business operations of any special assembly occupancy and any promoter that has
violated any provisions of this subsection [(3)](4), including, but not limited to the
following:
* * *
(.3) the initiation of proceedings to enjoin preliminarily and/or
permanently the further operation of the special assembly occupancy and any promoter
which has violated or intends to violate such subsections.
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 5 -
(e) Any special assembly occupancy licensed under this Section and
any promoter issued a promoted event perm
This new law would put hundreds of DIY promoters out of business and prevent music shows from happening in our city.
This new law is extreme, unwarranted, and unjustified.
If you care about local music in Philadelphia, sign the petition below which will be submitted to Philadelphia Lawmakers.
You can read the bill here:
http://webapps.phila.gov/council/attachments/10044.pdf
You can also send letters and emails to the following:
Bill.Greenlee@phila.gov
City Hall, Room 580
Philadelphia, PA 19107-3290
phone:
(215) 686-3446, (215) 686-3447
FAX: (215) 686-1927
The Entire Bill:
BILL NO. 100267
Introduced April 22, 2010
Councilmembers Greenlee and Clarke
Referred to the
Committee on Licenses and Inspections
AN ORDINANCE
Amending Section 9-703 of The Philadelphia Code, entitled “Special Assembly
Occupancies,” by imposing various requirements on promoters of events at special
assembly occupancies; all under certain terms and conditions.
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Section 9-703 of The Philadelphia Code is hereby amended to read as
follows:
§ 9-703. Special Assembly Occupancies.
(1) Definitions.
* * *
(e) “Promoter” shall mean any person who:
(.1) is directly or indirectly responsible for the organization of
an event, as evidenced by activities such as contracting with the principals, selecting
entertainment, advertising or otherwise holding out an event to members of the general
public, inviting participants to an event, or renting or controlling the site of an event; and
(.2) directly or indirectly receives or shares in any of the
following:
(i) admission or entrance fees paid by participants or
spectators at the event; or
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 2 -
(ii) compensation, consideration or other revenue from
sponsors of or private donors to the event; or
(iii) revenues from concessions or other sales at the
event.
(.3) The following persons are not promoters within the
meaning of this Section:
(i) any print or broadcast media who are paid for page
space or broadcast time to advertise an event but exercise no other financial or
operational responsibility in connection to the event; and
(ii) any off-premises ticket seller who sells admission
tickets to an event in advance of such event but exercises no other financial or
operational responsibility in connection to the event; and
(iii) any performer who is paid for his performance at
an event but exercises no other financial or operational responsibility in connection to
the event; and
(iv) any agent of an athlete or performer who is
compensated for negotiating his client’s contract to perform at an event but exercises no
other financial or operational responsibility in connection to the event; and
(v) the City of Philadelphia, a city agency or a cityrelated
agency; and
(vi) any employee of the City of Philadelphia or a city
agency or a city-related agency, to the extent that the employee plans, prepares or
executes an event in the course of such employment; and
(vii) any not-for-profit corporation or association, to the
extent that the not-for-profit corporation or association personally plans, prepares or
executes an event on its own behalf; and
(viii) any bona fide member or employee of a not-forprofit
corporation or association, to the extent such member or employee plans, prepares
or executes an event in the course of such membership or employment on behalf of the
not-for-profit corporation or association; and
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 3 -
(ix) any political committee to the extent that the
political committee personally plans, prepares or executes an event on its own behalf;
and
(x) any bona fide candidate for public office or any
employee of a political committee, to the extent that such candidate or employee plans,
prepares or executes an event in the course of such candidacy or employment on behalf
of a political committee.
(f) “Event” shall mean any activity requiring a special assembly
occupancy license.
(g) “Political committee” shall mean any committee, club,
association, political party, or other group of persons, including the candidate political
committee of a candidate for office in a covered election, which receives contributions or
makes expenditures for the purpose of influencing the outcome of a covered election.
* * *
(3) Promoted Event Permit.
(a) A Promoter of an event must obtain a promoted event permit from
the Police Commissioner for each such event. Application for such promoted event
permit shall be made in writing to the captain of the police district in which the event is
to take place at least thirty days prior to such event, upon a suitable form prescribed and
furnished by the Commissioner. The application shall be deemed approved unless it is
denied at least ten days prior to such event. Such application shall include such
information as the Commissioner shall require, but must include all of the following:
(i) The promoter’s business privilege license number;
(ii) A detailed security plan that shall ensure adherence to
capacity restrictions of the venue, provide for sufficient security personnel and outline
weapons detection measures that will be taken. For events where alcohol will be served,
the security plan must ensure that all staff employed by the promoter and the special
assembly occupancy licensee present during the event will be certified as proficient with
responsible alcohol management procedures as outlined by the Pennsylvania Liquor
Control Board. Such plan must be approved by the Police Commissioner or his or her
designee prior to the issuance of the promoted event permit.
(iii) A copy of the written contract between the promoter and
special assembly occupancy licensee.
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 4 -
[(3)](4) Operation of Special Assembly Occupancies and Promoters.
(a) It shall be the responsibility of every special assembly occupancy
licensee as a condition to the receipt or retention of the special assembly occupancy
license, and of every promoter which exercises full or partial operational control over the
special assembly occupancy, as a condition to the receipt or retention of a promoted
event permit, to [i]ensure that patrons do not congregate in a disorderly manner, and do
not engage in any illegal activity, including non-compliance with § 10-604 relating to
alcoholic beverages in and around the immediate vicinity of the special assembly
occupancy.
* * *
(c) It shall be the responsibility of every special assembly occupancy
licensee as a condition to the receipt or retention of the special assembly occupancy
license, and every promoter which exercises full or partial operational control over the
special assembly occupancy, as a condition to the receipt or retention of a promoted
event permit, to:
* * *
(.5) No special assembly occupancy licensee may enter into any
contract, lease, or other type of financial arrangement between a special assembly
occupancy licensee and a promoter unless the promoter has complied with all
requirements of this Section. Any contract between a special assembly occupancy
licensee and a promoter must be in writing and copies of such contract(s) must be
available for inspection prior to and during any event at the event location.
(d) The Department shall take all steps necessary to terminate the
business operations of any special assembly occupancy and any promoter that has
violated any provisions of this subsection [(3)](4), including, but not limited to the
following:
* * *
(.3) the initiation of proceedings to enjoin preliminarily and/or
permanently the further operation of the special assembly occupancy and any promoter
which has violated or intends to violate such subsections.
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 5 -
(e) Any special assembly occupancy licensed under this Section and
any promoter issued a promoted event permit 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
business privilege licenses.
[(4)](5) Enforcement.
* * *
(c) The Department shall promulgate such regulations as it deems
proper to regulate the form and manner of issuing and revoking special assembly
occupancy licenses and promoted event permits and the imposition of sanctions set forth
in this Chapter for operating without, or in violation of the conditions of, a valid license
and permit. Such regulations may provide for the imposition of sanctions on one or more
of the premises operated under a particular license, depending on the breadth of
occurrence of the violative behavior[.] and shall hold both the special assembly
occupancy licensee and any promoter which exercises full or partial operational control
over the special assembly occupancy jointly liable for the costs expended by the police
and the department in responding to and quelling any violations of this Section, including
any private or public nuisances arising from the operations of the special assembly
occupancy.
(d) A violation of any provision of this Section shall be classified as a
Class III offense as set forth in Section 1-109. All violations of each subsection of this
Section which are committed on a single calendar day shall be aggregated together and
constitute one single violation for the purpose of issuing citations and assessing penalties
under this Section. Violations of different subsections of this Section which are committed
on a single calendar day shall not be aggregated and shall constitute separate and
distinct violations for the purpose of issuing citations and assessing penalties under this
Section.
[(5)](6)
* * *
SECTION 2. Effective Date. This Ordinance shall take effect immediately upon
becoming law.
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 6 -
----------------------------------------------------
Added by: Anthropicrecords on May 14, 2010, 3:24:39 pm
----------------------------------------------------
This Petition is to stop Philadelphia Law Makers from requiring Venues and Promoters to submit applications 30 days in advance to the Chief of Police proving entertainment licenses, contracts between promoter and venue, liquor licenses and security plans before EVERY show scheduled.
This new law would put hundreds of DIY promoters out of business and prevent music shows from happening in our city.
This new law is extreme, unwarranted, and unjustified.
If you care about local music in Philadelphia, sign the petition below which will be submitted to Philadelphia Lawmakers.
You can read the bill here:
http://webapps.phila.gov/council/attachments/10044.pdf
You can also send letters and emails to the following:
Bill.Greenlee@phila.gov
City Hall, Room 580
Philadelphia, PA 19107-3290
phone:
(215) 686-3446, (215) 686-3447
FAX: (215) 686-1927
The Entire Bill:
BILL NO. 100267
Introduced April 22, 2010
Councilmembers Greenlee and Clarke
Referred to the
Committee on Licenses and Inspections
AN ORDINANCE
Amending Section 9-703 of The Philadelphia Code, entitled “Special Assembly
Occupancies,” by imposing various requirements on promoters of events at special
assembly occupancies; all under certain terms and conditions.
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Section 9-703 of The Philadelphia Code is hereby amended to read as
follows:
§ 9-703. Special Assembly Occupancies.
(1) Definitions.
* * *
(e) “Promoter” shall mean any person who:
(.1) is directly or indirectly responsible for the organization of
an event, as evidenced by activities such as contracting with the principals, selecting
entertainment, advertising or otherwise holding out an event to members of the general
public, inviting participants to an event, or renting or controlling the site of an event; and
(.2) directly or indirectly receives or shares in any of the
following:
(i) admission or entrance fees paid by participants or
spectators at the event; or
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 2 -
(ii) compensation, consideration or other revenue from
sponsors of or private donors to the event; or
(iii) revenues from concessions or other sales at the
event.
(.3) The following persons are not promoters within the
meaning of this Section:
(i) any print or broadcast media who are paid for page
space or broadcast time to advertise an event but exercise no other financial or
operational responsibility in connection to the event; and
(ii) any off-premises ticket seller who sells admission
tickets to an event in advance of such event but exercises no other financial or
operational responsibility in connection to the event; and
(iii) any performer who is paid for his performance at
an event but exercises no other financial or operational responsibility in connection to
the event; and
(iv) any agent of an athlete or performer who is
compensated for negotiating his client’s contract to perform at an event but exercises no
other financial or operational responsibility in connection to the event; and
(v) the City of Philadelphia, a city agency or a cityrelated
agency; and
(vi) any employee of the City of Philadelphia or a city
agency or a city-related agency, to the extent that the employee plans, prepares or
executes an event in the course of such employment; and
(vii) any not-for-profit corporation or association, to the
extent that the not-for-profit corporation or association personally plans, prepares or
executes an event on its own behalf; and
(viii) any bona fide member or employee of a not-forprofit
corporation or association, to the extent such member or employee plans, prepares
or executes an event in the course of such membership or employment on behalf of the
not-for-profit corporation or association; and
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 3 -
(ix) any political committee to the extent that the
political committee personally plans, prepares or executes an event on its own behalf;
and
(x) any bona fide candidate for public office or any
employee of a political committee, to the extent that such candidate or employee plans,
prepares or executes an event in the course of such candidacy or employment on behalf
of a political committee.
(f) “Event” shall mean any activity requiring a special assembly
occupancy license.
(g) “Political committee” shall mean any committee, club,
association, political party, or other group of persons, including the candidate political
committee of a candidate for office in a covered election, which receives contributions or
makes expenditures for the purpose of influencing the outcome of a covered election.
* * *
(3) Promoted Event Permit.
(a) A Promoter of an event must obtain a promoted event permit from
the Police Commissioner for each such event. Application for such promoted event
permit shall be made in writing to the captain of the police district in which the event is
to take place at least thirty days prior to such event, upon a suitable form prescribed and
furnished by the Commissioner. The application shall be deemed approved unless it is
denied at least ten days prior to such event. Such application shall include such
information as the Commissioner shall require, but must include all of the following:
(i) The promoter’s business privilege license number;
(ii) A detailed security plan that shall ensure adherence to
capacity restrictions of the venue, provide for sufficient security personnel and outline
weapons detection measures that will be taken. For events where alcohol will be served,
the security plan must ensure that all staff employed by the promoter and the special
assembly occupancy licensee present during the event will be certified as proficient with
responsible alcohol management procedures as outlined by the Pennsylvania Liquor
Control Board. Such plan must be approved by the Police Commissioner or his or her
designee prior to the issuance of the promoted event permit.
(iii) A copy of the written contract between the promoter and
special assembly occupancy licensee.
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 4 -
[(3)](4) Operation of Special Assembly Occupancies and Promoters.
(a) It shall be the responsibility of every special assembly occupancy
licensee as a condition to the receipt or retention of the special assembly occupancy
license, and of every promoter which exercises full or partial operational control over the
special assembly occupancy, as a condition to the receipt or retention of a promoted
event permit, to [i]ensure that patrons do not congregate in a disorderly manner, and do
not engage in any illegal activity, including non-compliance with § 10-604 relating to
alcoholic beverages in and around the immediate vicinity of the special assembly
occupancy.
* * *
(c) It shall be the responsibility of every special assembly occupancy
licensee as a condition to the receipt or retention of the special assembly occupancy
license, and every promoter which exercises full or partial operational control over the
special assembly occupancy, as a condition to the receipt or retention of a promoted
event permit, to:
* * *
(.5) No special assembly occupancy licensee may enter into any
contract, lease, or other type of financial arrangement between a special assembly
occupancy licensee and a promoter unless the promoter has complied with all
requirements of this Section. Any contract between a special assembly occupancy
licensee and a promoter must be in writing and copies of such contract(s) must be
available for inspection prior to and during any event at the event location.
(d) The Department shall take all steps necessary to terminate the
business operations of any special assembly occupancy and any promoter that has
violated any provisions of this subsection [(3)](4), including, but not limited to the
following:
* * *
(.3) the initiation of proceedings to enjoin preliminarily and/or
permanently the further operation of the special assembly occupancy and any promoter
which has violated or intends to violate such subsections.
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 5 -
(e) Any special assembly occupancy licensed under this Section and
any promoter issued a promoted event permit 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
business privilege licenses.
[(4)](5) Enforcement.
* * *
(c) The Department shall promulgate such regulations as it deems
proper to regulate the form and manner of issuing and revoking special assembly
occupancy licenses and promoted event permits and the imposition of sanctions set forth
in this Chapter for operating without, or in violation of the conditions of, a valid license
and permit. Such regulations may provide for the imposition of sanctions on one or more
of the premises operated under a particular license, depending on the breadth of
occurrence of the violative behavior[.] and shall hold both the special assembly
occupancy licensee and any promoter which exercises full or partial operational control
over the special assembly occupancy jointly liable for the costs expended by the police
and the department in responding to and quelling any violations of this Section, including
any private or public nuisances arising from the operations of the special assembly
occupancy.
(d) A violation of any provision of this Section shall be classified as a
Class III offense as set forth in Section 1-109. All violations of each subsection of this
Section which are committed on a single calendar day shall be aggregated together and
constitute one single violation for the purpose of issuing citations and assessing penalties
under this Section. Violations of different subsections of this Section which are committed
on a single calendar day shall not be aggregated and shall constitute separate and
distinct violations for the purpose of issuing citations and assessing penalties under this
Section.
[(5)](6)
* * *
SECTION 2. Effective Date. This Ordinance shall take effect immediately upon
becoming law.
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 6 -
----------------------------------------------------
Added by: Anthropicrecords on May 14, 2010, 3:52:50 pm
----------------------------------------------------
This Petition is to stop Philadelphia Law Makers from requiring Venues and Promoters to submit applications 30 days in advance to the Chief of Police proving entertainment licenses, contracts between promoter and venue, liquor licenses and security plans before EVERY show scheduled.
This new law would put hundreds of DIY promoters out of business and prevent music shows from happening in our city.
This new law is extreme, unwarranted, and unjustified.
If you care about local music in Philadelphia, sign the petition below which will be submitted to Philadelphia Lawmakers.
You can read the bill here:
http://webapps.phila.gov/council/attachments/10044.pdf
You can also send letters and emails to the following:
Bill.Greenlee@phila.gov
City Hall, Room 580
Philadelphia, PA 19107-3290
phone:
(215) 686-3446, (215) 686-3447
FAX: (215) 686-1927
Darrell Clarke
City Hall, Room 484
Philadelphia, PA 19107-3290
(215) 686-3442, (215) 686-3443
darrell.clarke@phila.gov
City Council President:
Anna Verna
City Hall, Room 405
Philadelphia, PA 19107-3290
(215) 686-3412, (215) 686-3413
FAX: (215) 686-1932
The Entire Bill:
BILL NO. 100267
Introduced April 22, 2010
Councilmembers Greenlee and Clarke
Referred to the
Committee on Licenses and Inspections
AN ORDINANCE
Amending Section 9-703 of The Philadelphia Code, entitled “Special Assembly
Occupancies,” by imposing various requirements on promoters of events at special
assembly occupancies; all under certain terms and conditions.
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Section 9-703 of The Philadelphia Code is hereby amended to read as
follows:
§ 9-703. Special Assembly Occupancies.
(1) Definitions.
* * *
(e) “Promoter” shall mean any person who:
(.1) is directly or indirectly responsible for the organization of
an event, as evidenced by activities such as contracting with the principals, selecting
entertainment, advertising or otherwise holding out an event to members of the general
public, inviting participants to an event, or renting or controlling the site of an event; and
(.2) directly or indirectly receives or shares in any of the
following:
(i) admission or entrance fees paid by participants or
spectators at the event; or
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 2 -
(ii) compensation, consideration or other revenue from
sponsors of or private donors to the event; or
(iii) revenues from concessions or other sales at the
event.
(.3) The following persons are not promoters within the
meaning of this Section:
(i) any print or broadcast media who are paid for page
space or broadcast time to advertise an event but exercise no other financial or
operational responsibility in connection to the event; and
(ii) any off-premises ticket seller who sells admission
tickets to an event in advance of such event but exercises no other financial or
operational responsibility in connection to the event; and
(iii) any performer who is paid for his performance at
an event but exercises no other financial or operational responsibility in connection to
the event; and
(iv) any agent of an athlete or performer who is
compensated for negotiating his client’s contract to perform at an event but exercises no
other financial or operational responsibility in connection to the event; and
(v) the City of Philadelphia, a city agency or a cityrelated
agency; and
(vi) any employee of the City of Philadelphia or a city
agency or a city-related agency, to the extent that the employee plans, prepares or
executes an event in the course of such employment; and
(vii) any not-for-profit corporation or association, to the
extent that the not-for-profit corporation or association personally plans, prepares or
executes an event on its own behalf; and
(viii) any bona fide member or employee of a not-forprofit
corporation or association, to the extent such member or employee plans, prepares
or executes an event in the course of such membership or employment on behalf of the
not-for-profit corporation or association; and
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 3 -
(ix) any political committee to the extent that the
political committee personally plans, prepares or executes an event on its own behalf;
and
(x) any bona fide candidate for public office or any
employee of a political committee, to the extent that such candidate or employee plans,
prepares or executes an event in the course of such candidacy or employment on behalf
of a political committee.
(f) “Event” shall mean any activity requiring a special assembly
occupancy license.
(g) “Political committee” shall mean any committee, club,
association, political party, or other group of persons, including the candidate political
committee of a candidate for office in a covered election, which receives contributions or
makes expenditures for the purpose of influencing the outcome of a covered election.
* * *
(3) Promoted Event Permit.
(a) A Promoter of an event must obtain a promoted event permit from
the Police Commissioner for each such event. Application for such promoted event
permit shall be made in writing to the captain of the police district in which the event is
to take place at least thirty days prior to such event, upon a suitable form prescribed and
furnished by the Commissioner. The application shall be deemed approved unless it is
denied at least ten days prior to such event. Such application shall include such
information as the Commissioner shall require, but must include all of the following:
(i) The promoter’s business privilege license number;
(ii) A detailed security plan that shall ensure adherence to
capacity restrictions of the venue, provide for sufficient security personnel and outline
weapons detection measures that will be taken. For events where alcohol will be served,
the security plan must ensure that all staff employed by the promoter and the special
assembly occupancy licensee present during the event will be certified as proficient with
responsible alcohol management procedures as outlined by the Pennsylvania Liquor
Control Board. Such plan must be approved by the Police Commissioner or his or her
designee prior to the issuance of the promoted event permit.
(iii) A copy of the written contract between the promoter and
special assembly occupancy licensee.
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 4 -
[(3)](4) Operation of Special Assembly Occupancies and Promoters.
(a) It shall be the responsibility of every special assembly occupancy
licensee as a condition to the receipt or retention of the special assembly occupancy
license, and of every promoter which exercises full or partial operational control over the
special assembly occupancy, as a condition to the receipt or retention of a promoted
event permit, to [i]ensure that patrons do not congregate in a disorderly manner, and do
not engage in any illegal activity, including non-compliance with § 10-604 relating to
alcoholic beverages in and around the immediate vicinity of the special assembly
occupancy.
* * *
(c) It shall be the responsibility of every special assembly occupancy
licensee as a condition to the receipt or retention of the special assembly occupancy
license, and every promoter which exercises full or partial operational control over the
special assembly occupancy, as a condition to the receipt or retention of a promoted
event permit, to:
* * *
(.5) No special assembly occupancy licensee may enter into any
contract, lease, or other type of financial arrangement between a special assembly
occupancy licensee and a promoter unless the promoter has complied with all
requirements of this Section. Any contract between a special assembly occupancy
licensee and a promoter must be in writing and copies of such contract(s) must be
available for inspection prior to and during any event at the event location.
(d) The Department shall take all steps necessary to terminate the
business operations of any special assembly occupancy and any promoter that has
violated any provisions of this subsection [(3)](4), including, but not limited to the
following:
* * *
(.3) the initiation of proceedings to enjoin preliminarily and/or
permanently the further operation of the special assembly occupancy and any promoter
which has violated or intends to violate such subsections.
City of Philadelphia
BILL NO. 100267 continued
City of Philadelphia - 5 -
(e) Any special assembly occupancy licensed under this Section and
any promoter issued a promoted event perm
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