Philadelphia City Council passes a mandatory curfew for some Kensington businesses

About two dozen corner stores, smoke shops, and takeout restaurants in the heart of Kensington could have to abide by a mandatory 11 p.m. curfew as early as this spring.

Philadelphia City Council on Thursday passed a bill requiring establishments on and near the Kensington Avenue business corridor shut their doors overnight and stay closed until 6 a.m. The legislation, which passed unanimously, does not apply to establishments that have a liquor license or a permit to operate 24 hours a day.

The bill will now head to the desk of Mayor Cherelle L. Parker, who has previously expressed support for the legislation, saying it tackles social ills that “erode quality of life in neighborhoods across our city, including Kensington.” The bill would take effect with her signature.

”This is just another tool that’s going to help us address and respond to some of the illegal and disruptive activity that occurs after 11 p.m.,” said Councilmember Quetcy Lozada, who represents parts of Kensington and introduced the bill.

The move comes as Parker and City Council have led a coordinated effort to improve conditions in Kensington and crack down on the open-air drug market that has persisted in the neighborhood for decades. Parker’s administration is developing a strategy to increase police enforcement of drug crimes and clean up the neighborhood, while Council has advanced measures to tackle nuisance businesses and establish a caucus of members focused on Kensington.

The 11 p.m. curfew applies to commercial establishments in the area bounded by East Lehigh Avenue, Kensington Avenue, D Street, East Tioga Street, and Frankford Avenue. Under the legislation, the city can fine businesses $500 a day for not complying.

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Lozada, who represents the 7th District, has said her legislation is widely supported — both by Kensington residents and groups that represent small businesses — and that she has heard from other organizations representing commercial corridors that want the city to implement a similar regulation.

During a recent hearing that included testimony from the city solicitor, Lozada said she initially wanted the curfew bill to apply across her entire district, but she suggested the city’s Law Department was not supportive. Solicitor Renee Garcia, who provides legal counsel to both the administration and Council, said only that she didn’t want to testify about privileged information in public.

Rolando Sanchez, business improvement district manager for Impact Services, one of Kensington’s three largest community development nonprofits, said the overwhelming majority of business owners in the area back the curfew.

The two dozen stores that would be impacted by the law are selling little more than tobacco products and snacks to the late-night crowd around Kensington Avenue, he said. Some are doubling as miniature casinos with slot-like virtual gambling machines, which have proliferated due to lax regulations and drawn criticism for attracting crime — though Council on Thursday also passed legislation to curtail the so-called “skill games.”

”What’s killing businesses is the current state of affairs,” Sanchez said. “The businesses who have something valuable to contribute to the community with their goods and services are very much on board with the bill.”

One proprietor at a late-night convenience store told The Inquirer he supported the curfew, as he only stayed open late due to an arrangement with the business ownership. The manager asked not to be named due to the sensitive business arrangement.

The manager said mornings were by far the busiest around the Avenue, and business is often too slow late at night to justify the overhead costs.

“I’ll be saving on payroll,” he said.