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Philadelphia Businesses Face Stricter Penalties for Violence and Interference with Police Investigations

Official:Amending Chapter 9-4400 of The Philadelphia Code, entitled “Responsible Business Operations,” by amending the definition of critical nuisance businesses and further clarifying an obstruction of an investigation, all under certain terms and conditions.

Sponsor: Councilmember Young

Introduced: June 6, 2024

: Committee on Commerce & Economic Development

business government public safety

Plain-Language Summary

This bill amends Philadelphia's 'Responsible Business Operations' code to define and address 'critical nuisance businesses' that repeatedly engage in violent behavior or obstruct investigations.

What This Bill Does

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Defines "Critical Nuisance Business" as a business that has been issued a notice for serious violent behavior or obstruction of an investigation on more than one occasion in a 12-month period.
Defines "Serious Violent Behavior" as conduct that constitutes homicide, murder, aggravated assault, rape, or sexual assault, as defined in the Pennsylvania Crimes Code.
Defines "Obstruction of an Investigation" as intentionally obstructing, interfering with, or impeding an investigation of nuisance behavior or serious violent behavior by a business owner, employee, or agent.
Clarifies that a business that is determined to be a chronic nuisance business or critical nuisance business is considered a "Nuisance Business".

Both Sides

AI-written arguments. Every figure is checked against the bill text.

The case for

This bill strengthens public safety by establishing clear criteria for identifying and addressing businesses that repeatedly engage in violent or obstructive behavior. Specifically, it defines and penalizes businesses that have been issued multiple notices for serious violent behavior or obstruction of an investigation within a 12-month period. This will help protect law enforcement, witnesses, and the community at large from potential harm, and ensure that chronic nuisance businesses are held accountable for their actions.

The case against

This bill would create a permanent blacklist of businesses that have been accused of serious violent behavior or obstruction of an investigation, without requiring proof of guilt or due process. This would allow the city to revoke business licenses and seize assets without a hearing or appeal, simply based on multiple accusations. The bill would also create a new class of "Critical Nuisance Business" that would be subject to enhanced penalties and restrictions, effectively destroying the livelihoods of businesses that have been accused, but not convicted, of crimes.

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