New legislation proposed to prohibit the establishment of convenience stores and pharmacies in Kensington.

Councilmember Quetcy Lozada has intensified her efforts against what she characterizes as nuisance businesses with the introduction of a new zoning bill aimed at curbing the establishment of pharmacies and convenience stores within the 7th District. The proposed legislation seeks to require these types of businesses, which include sundries and pharmaceuticals, to obtain approval from the Zoning Board of Adjustment (ZBA) before opening in the district, which encompasses Kensington and parts of Northeast Philadelphia.

Lozada clarified in a post-session interview that while chain businesses such as CVS and 7-Eleven would be indirectly affected by the bill, the primary concern lies with smaller convenience stores that tend to emerge without established ties to chains. She highlighted that these businesses often sell narcotics paraphernalia and contribute to illegal activities within the community.

In recent years, the Philadelphia City Council has made concerted efforts to address the rise of businesses that offer so-called skill games, which resemble slot machines, as well as shops that sell marijuana-like products known to be contaminated with harmful substances. Additionally, establishments selling substances such as kratom, an opioid-like product, have become increasingly common in the city. These businesses often thrive within regulatory gray areas, as federal and state governments struggle to enact comprehensive policies surrounding their operation.

Despite the push from the Council to regulate these establishments, some measures have faced legal challenges in court due to overlapping regulations from state authorities. Yet, constituent complaints about the proliferation of such businesses have led local politicians to persist in seeking legislative remedies. In light of constraints imposed by higher regulatory bodies, Lozada has opted for broader legislative measures targeting larger categories of businesses.

Thursday’s zoning bill follows a contentious business curfew implemented at Lozada’s initiative, which mandates that businesses close by 11 p.m., accompanied by fines of ,000 for violations. While the measure has drawn opposition from various business owners, particularly those in the food and pharmacy sectors who cater to late-night patrons, it underscores the ongoing balancing act for Council members seeking to foster community safety while considering economic implications.

Mayor Cherelle L. Parker declined to endorse the curfew, allowing it to become law without her signature due to a lack of sufficient votes for a veto. The Institute for Justice, a libertarian law firm opposing the curfew, has raised concerns about the implications of the new zoning bill, arguing that existing nuisance laws already enable the city to manage problematic businesses effectively.

Lozada positions the new zoning bill within her wider legislative framework aimed at tackling nuisance businesses, emphasizing that it aligns with the interests of residents affected by these establishments and aims to improve their quality of life. The Council asserts that the zoning laws do not amount to a ban, as businesses still have the option to seek approval through the ZBA. However, the ZBA process is known for being lengthy and financially burdensome, which may deter potential business owners from pursuing opportunities in heavily regulated areas. As city officials continue to grapple with these challenges, the future of local businesses hangs in a precarious balance.

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