Balungao Pangasinan Philippines
REPUBLIC OF THE PHILIPPINES
PROVINCE OF PANGASINAN
MUNICIPALITY OF BALUNGAO
-oOo-
OFFICE OF THE SECRETARY TO THE SANGGUNIANG BAYAN
EXCERPTS FROM THE MINUTES OF THE 13TH REGULAR SESSION OF THE SANGGUNIANG BAYAN OF BALUNGAO, PANGASINAN, HELD AT THE SESSION HALL ON THE 24TH DAY OF APRIL 2006.
PRESENT: Vice Mayor Gerry G. Luna, Presiding
Councilor Ma. Elena O. Bascos-Hidalgo
Councilor Philipp G. Peralta
Councilor Eladio V. Villanueva, Sr.
Councilor Artemio M. Villapa, Jr.
Councilor Beatriz D. Ligero
Councilor Cromwell Oliver M. Hernandez
LIGA President John G. Fernandez
SKF President Ygel Miguel P. Alejandro
ABSENT: Councilor Mario U. Pande
Councilor Ofelia M. Uminga (O.B.)
MUNICIPAL ORDINANCE NO. 2006-03
SPONSORED BY: COUNCILOR MARIA ELENA BASCOS-HIDALGO
COUNCILOR ELADIO V. VILLANUEVA, SR.
COUNCILOR OFELIA M. UMINGA
AN ORDINANCE REGULATING THE OPERATION OF VIDEO-KARAOKE BARS, BEERHOUSES, EATERIES AND RESTAURANTS WITH KARAOKES AND VIDEOKES, OTHER SIMILAR NIGHTSPOT AND ESTABALISHMENTS IN THE MUNICIPALITY OF BALUNGAO, PANGASINAN AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
WHEREAS, in the furtherance of public safety, the present administration of this LGU has considered the enactment of a legislative measure that would ensure peaceful and tranquil community in the Municipality of Balungao;
WHEREAS, series of community-based collation of facts and other relevant information were seriously noted through consultations and interviews with concerned residents, Barangay Official and other concerned sectors in the community;
WHEREAS, it was learned that the influx of establishments offering various kinds of intoxicating substance and allowing the operation of video-karaoke machines, there are residents who are complaining about the nuisance brought by during nighttime;
WHEREAS, it was also reported that video-karaoke bars, beerhouses, eateries and restaurants with karaokes and videokes, similar night spots and establishments are allowing entertainers, guest relation workers to offer services in exchange of financial consideration, thus causing the alteration of good moral values among prospective customers;
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April 24, 2006
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WHEREAS, based from ocular inspection, video-karaoke machines and other similar equipments are being operated in full view of the public with some scenes not suitable to minors.
NOW, THEREFORE, in view of the above premises, BE IT ENACTED by the Sangguniang Bayan of Balungao, Pangasinan, in session duly assembled, that:
SECTION 1 – TITLE.
This ordinance shall be known as “AN ORDINANCE REGULATING THE OPERATION OF VIDEO-KARAOKE BARS, BEERHOUSES, EATERIES AND RESTAURANTS WITH KARAOKES AND VIDEOKES, OTHER SIMILAR NIGHTSPOT AND ESTABALISHMENTS IN THE MUNICIPALITY OF BALUNGAO, PANGASINAN AND PROVIDING PENALTIES FOR VIOLATION THEREOF.”
SECTION 2 – SCOPE AND COVERAGE.
This ordinance shall cover all business establishments operating videoke and karaoke, videoke and karaoke bars, beerhouses, eateries and restaurants with videokes and karaokes and other similar establishments in the Municipality of Balungao, Pangasinan.
SECTION 3 – DEFINITION OF TERMS:
When used in this ordinance, the following terms are hereby defined as follows;
- ESTABLISHMENTS – a place of business with its possessions and staffs/personnel.
- VIDEO AND KARAOKE BARS – a place where the audio-visual systems are set for musical accompaniment to a song performed by following the words displayed in a video screen. It is also a place where foods, beverages and other intoxicating substances are being offered to customers.
- BEER HOUSES – a place where beer is mainly served, although other forms of intoxicating substance, wine and liquor are also available for customers.
- NIGHT SPOTS – those establishments that are open late at night and provide foods, drinks, entertainment and music for dancing.
- ENTERTAINERS – include singers and guest relations officers (GRO) of videoke and karaoke bars, beerhouses, eateries and restaurants with videoke and karaoke bars, similar nightspots and establishments who entertain patrons or customers by sitting and conversing, dancing, singing, eating or drinking with them.
- EGRESS – an arrangement of facilities to assure a safe means of exit from the establishment.
- Municipal Monitoring Committee. The Committee duly constituted to monitor the implementation of this Ordinance.
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April 24, 2006
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SECTION 4 – PROHIBITIONS
a.) No person, natural or juridical, shall operate videoke and karaoke bars, beerhouses, eateries and restaurants with videokes and karaokes similar night spots and establishments for commercial purposes without first securing a Sanitary Permit issued by the Municipal Health Officer, Mayor’s Permit, Barangay Clearance and paying for other related corresponding fees provided for under Municipal Ordinance No. 2005-02 otherwise known as the Municipal Revenue Code of 2005 or any rules and laws that may hereinafter promulgated by the Sangguniang Bayan.
b.) For purposes of this Ordinance, no videoke and karaoke, videoke and karaoke bars, beer houses, eateries and restaurants with videoke and karaoke, similar night spots and establishments shall be established within one hundred (100) meters radius from any educational, religious or public institutions such as schools, colleges, universities, hospitals or clinics, churches or chapels.
c.) No videoke and karaoke, videoke and karaoke bars, beerhouses, eateries and restaurants with video and karaoke, similar night spots and establishments shall utilize gambling prohibited under PD 519 such as “pinball machines” slot machines and other similar devices.
d.) The following requirement shall be strictly observed in the establishments:
1. Operating of karaoke and videoke music shall be allowed only form 7:00 AM to 10:00 PM ONLY, however, establishments with total enclosure of the premises to prevent the sound to escape may operated beyond 10:00 PM. The establishments shall provide and post in conspicuous places the opening and the closing time.
2. Minors as customers or workers shall not be admitted. The operator/owner shall cause the posting of placards in conspicuous places indicating the words “MINORS BELOW 18 YEARS OLD ARE NOT ALLOWED.”
3. Customers are prohibited to carry firearms, licensed or unlicensed, deadly weapons and explosive except those authorized by law. The posting of placards indicating “ALL FORMS OF DEADLY WEAPONS ARE NOT ALLOWED INSIDE” shall be strictly complied.
4. Adequate spaces and lighting, proper ventilation shall be maintained under satisfactory sanitary conditions at all times.
5. Adequate parking spaces for vehicles, dressing rooms for ladies, clean kitchen, regularly sanitized and separate lavatories for male and female, emergency lights, medical kits and communication adequate sound proofing shall be provided the owner/operator.
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6. The establishment shall be properly enclosed or fenced, provided with a single ingress or egress and shall have no direct or indirect communications whatsoever with any dwelling place, house or building except the single ingress or egress.
7. Ban prostitution and showing of lewd shows.
8. Ban the use and selling of prohibited drugs.
SECTION 5. ADMINISTRATIVE PROVISIONS
The following administrative provisions of this ordinance shall be observed for its effective implementation:
a.) Any person/s who are interested to establish business covered by this ordinance shall only be allowed after complying all requirements provide by Municipal Ordinance No. 2005-02 also known as the 2005 Revenue code of the Municipality of Balungao.
b.) The business as herein indicated shall be established only in an area/zone declared as commercial area, pursuant to the provisions of the Comprehensive Zoning Ordinance of the Municipality of Balungao, Pangasinan.
c.) Personnel such as waitress/waiter, food handlers, servers, guest relation workers, etc. shall undergo monthly examinations. Medical certificates duly signed by the Municipal Health Officer shall be issued to him/her. Payments of Medical Examination and Certificates shall be in accordance with the provisions provided in the 2005 Revenue Code of the Municipality of Balungao, Pangasinan. Failure of the above-cited personnel shall not be allowed to work and the manager or operator/owners are liable to answer any penalties under this Ordinance. All personnel of such business are strictly required to secure their working permit and birth certificates. Minors found working in the establishments covered by this Ordinance shall be immediately referred to the MSWDO, for appropriate legal actions against the owner or operator.
d.) Structural design of the building must be enclosed, to prevent unnecessary noise/nuisance during night time. Other materials that can minimize noise/nuisance should be used. The operation of business shall be confined only inside the building. In case the owner/operator shall construct a building for business covered by this Ordinance, he/she shall first submit to the Office of the Municipal Engineer a copy of architectural design or its blue print and shall secure building permit, electrical permit and zoning clearance.
e.) Operators/owners shall by all means cooperate in upholding peace and order and shall report to the Balungao Police Station whenever circumstances so warrant.
f.) All operators and owners are required to comply all rules and regulations under any existing national laws and or Municipal Ordinances or any Ordinances that are hereinafter be promulgated by the Sangguniang Bayan of Balungao, Pangasinan.
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April 24, 2006
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For the purpose of this Ordinance, a Municipal Monitoring Committee is hereby constituted as follows;
Chief of Police – – – – – – – – – – – Chairman
MEMBERS
Municipal Treasurer or his/her representatives
Municipal Engineer or his/her representatives
MSWDO or his/her representatives
MHO or the Sanitary Inspector
MPDO or his/her representative
Sangguniang Bayan Secretary
DILG Officer
Representative from NGO
The Municipal Monitoring Committee is hereby authorized to conduct inspection and investigation whenever there are complaints or petitions from concerned parties. It shall be the duty and functions of the committee to endorse results and recommendations to the Local Chief Executive, copy furnished the Sangguniang Bayan, for appropriate actions.
SECTION 6. PENALTIES
a.) Owners/operators, including personnel working of the business establishments found guilty of violating any provisions of this Ordinance are subject to the following penalties;
1. FIRST OFFENSE – a fine of Php 1,000.00
2. SECONDE OFFENSE – a fine of Php 2,000.00
3. THIRD OFFENSE – a fine of Php 2,500.00 and
revocation of their business permit or IMPRISONMENT of not more than SIX (6) months and totally banning their operation upon the discretion of the court.
b.) PUBLIC OFFICIALS tasked to implement and enforce this Ordinance and who failed or refused to implement or enforce this local ordinance shall be punished with a FINE of Php 2,000.00 and/or IMPRISONMENT OF NOT MORE THAN SIX (6) MONTHS at the discretion of the court without prejudice to the filing of administrative complaint in the proper court or agency.
SECTION 7. EXEMPTION
Operators of video-karaoke machines beyond 10:00 PM is hereby allowed one (1) week before and after any special holidays, to mention, Christmas, New Year and Town Fiesta. In case of special occasions, such as birthdays, wedding, baptismal and Barangay Fiesta, etc. and during funerals where the party opts to avail, the operation and use of video-karaoke machines may be allowed in any place within the territorial jurisdiction of the Municipality of Balungao, Pangasinan.
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April 24, 2006
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SECTION 8. SEPARABILITY CLAUSE.
If for any reason or reasons, any part or provision of this Ordinance is declared in- valid, null and void, the other parts or provisions hereof which are not effected thereby shall continue to be in full force and effect.
SECTION 9. TRANSITORY PERIOD
All existing establishments prior to the enactment of this Ordinance not in accordance with Section 4(b) and Section 5(b) shall be given three (3) months to relocate their business.
SECTION 10. REPEALING CLAUSE
All existing ordinance, rules and regulations or parts thereof in conflict with or inconsistent with any provisions of this ordinance are hereby repealed, amended or modified accordingly.
SECTION 10. EFFECTIVITY
This Ordinance shall take effect upon its approval and after due posting and publication as provided in the Local Government Code of 1991.
APPROVED UNANIMOUSLY, this 24th day of April 2006.
I HEREBY CERTIFY to the correctness of the above-quoted ordinance.
GERARDO U. ACOSTA
Secretary to the Sanggunian
ATTESTED:
GERRY G. LUNA
Municipal Vice Mayor/Presiding Officer
APPROVED:
JOSE G. PERALTA, JR.
Municipal Mayor