Even more problematic is the fact that there was basically no response from the various city departments in terms of, how do we get these people to stop operating in this manner.”

– City Councilmember Cindy Bass

Following persistent complaints from residents, City Councilmember Cindy Bass has introduced three bills aimed at cracking down on nuisance businesses, commonly known as stop-and-go stores.

The city defines a business as having nuisance behavior if it interferes with the health, safety and welfare of the community. Examples include gambling, loitering, prostitution, public urination or defecation, illegal drug activity or consumption of alcoholic beverages and rental of goods.

The effort stems from what Bass described as a lack of enforcement of code violations by the Department of Licenses & Inspection (L&I) towards these businesses.

Bass attended a meeting in West Oak Lane several weeks ago, where community members expressed frustrations about a particular smoke shop business near a school that had opened in their district. Attending with officials from L&I and the police, Bass, who said that nuisance businesses are an issue throughout the city, reported that the Germantown stores had been cited for selling loose cigarettes and the sale of drug paraphernalia.

"There was just a whole lot going on at that location, and it's problematic, but what was even more problematic is the fact that there was basically no response from the various city departments in terms of, how do we get these people to stop operating in this manner," Bass told the Local. "From that day to now, this behavior has continued. We did introduce these bills as we begin to peel back this onion, and try to find ways to make businesses that are nuisances to our community comply."

Introduced on Feb. 20 and 27, the three bills target ways that these businesses operate and inform potential customers about potentially dangerous products. 

One of the bills makes it a city requirement to comply with state laws to be eligible for a city license. 

"The city is much more lenient than the Commonwealth is," Bass said. "So if you're not in compliance and up to code with the state of Pennsylvania, then the bill requires that the city cannot issue you a license."

The second bill grants L&I the power to revoke or suspend a license if a business has greatly altered its floor plan or layout without reporting the changes..

"The reason that's so very important is because if something happens, the police department and the fire department rely on those permits," Bass said. "They need to be able to know the layout of each and every space and structure in the city of Philadelphia, and that's what those records are for."

The last bill targets a common item sold at these types of shops, what Bass described as illegal, "fake" or loose individual cigarettes. Illegal cigarettes do not have the proper Pennsylvania tax stamp. It mandates that any business found in violation of state tobacco laws must post a sign at the front saying "This establishment does not have a valid tobacco license."

"This is something that you have no idea as to what you are ingesting, and that's why it's so very problematic," Bass said. "It's so concerning, because you're inhaling something into your lungs, breathing it in, and you have no idea how this product was manufactured."

In East Germantown, these types of businesses have become a concern for Douglas Rucker, the chief executive officer for the Chew and Chelten CDC. One business in particular, on the 800 block of East Chelten Avenue, has become a thorn in Rucker's side, selling illegal cigarettes and attracting criminal activity, he says.

"Unfortunately, it grabs the attention of our young Black children who think it's cool to hang out there, and it's open 24 hours a day," Rucker told the Local. "It is the nastiest, filthiest, ugly little place that you ever want to see in one's neighborhood. I mentioned at a meeting that this does not happen in the West side of Germantown, and it does not happen in Chestnut Hill."

Rucker says he's made several complaints about the business to L&I and various departments, but nothing ever seems to get done.

That’s particularly irksome, he said, because his newsstand across the street was hit with a notice from the city due to not having checked the right classification in his license.

"I understand that, but how in the world can you do that right across the street from me, and I am the one who gets hit," Rucker said.

Rucker expressed frustration about what he sees as enforcement disparities in his predominantly Black neighborhood.

"How do they get away with breaking the law and hurting our community, but when it comes down to my young African American brothers, they get locked up and persecuted all their lives," Rucker said.

Bass said her bills have the support of her colleagues on City Council and she expects them to pass.

"These are the bills that we've introduced so far, and we intend to do more," Bass said.