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PREFATORY STATEMENT

It has been an established policy of the National Government to find
measures that would effectively and sustainably promote the growth of the
national economy. This end is much desired as such economic growth
naturally translates into wealth for the constituents as well as generation of
much needed jobs for the national workforce. This in turn would be in
consonance with the national thrusts of alleviating the problem of nationwide
poverty.
This national policy has been readily replicated and adopted by the
City Government of Ormoc by reason of its desirous and lofty intents. In fact,
towards this end, the City Government has embarked on various programs to
promote business-friendliness as investments are widely regarded as both
the driving force and propelling arm towards a sustainably prosperous local
economy. One of these programs is aimed at assisting local businessmen,
particularly those belonging to the Micro, Small, and Medium Enterprises
(MSMEs), which comprise around ninety-nine percent (99%) of registered
businesses in the City, by particularly promoting their growths and
expansions.
The City Government has observed that one of the desirable means of
promoting and assisting these MSMEs in their businesses is by providing
them access to venues or opportunities where they can suitably and
affordably display and market their goods or wares, especially those
belonging to the trade and services sectors. With this recognition, the City
Government has decided to respond proactively and effectually to this
impending need of MSMEs.
Under Section 21 (d) of Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, the City, to wit, “may, by a duly enacted
ordinance, temporarily close and regulate the use of any local street, road,
thoroughfare, or any other public place where shopping malls, Sunday, flea
or night markets, or shopping areas may be established and where goods,
merchandise, foodstuffs, commodities, or articles of commerce may be sold
and dispensed to the general public.” The City Government invariably
observes that the Ormoc City Plaza, for being a place habitually frequented
by a good number of people, will be a suitable venue for these MSMEs,
especially those start-ups or new businesses, to display and market their
goods or wares during special occasions or at periodic intervals.
It is for this reason that this Sanggunian, thru this Ordinance, finds it
desirable and necessary to authorize the Local Chief Executive to temporarily
close and regulate the use of the Ormoc City Plaza for the establishment of
flea or night markets, shopping areas, or bazaars where good, merchandise,

FOREGOING PREMISES CONSIDERED. Section III. Stall/Booth – shall mean the temporary space allotted at the Ormoc City Plaza for use in the selling of goods. seconded by __________________. be it ORDINANCE NO. . Jr. . Pongos. commodities or articles of commerce may be sold and dispensed to the general public and to impose regulatory fees and other charges relative thereto. the term: a. FOODSTUFFS. When used in this ordinance. Such use of the Ormoc City Plaza shall not only significantly support small entrepreneurs in the promotion of their business ventures but shall also boosts the tourism initiatives of the City Government as these undertakings will also certainly stimulate a festive environment and crowddrawing endeavors. Be it Ordained by the Thirteenth Sangguniang Panlungsod ng Ormoc that: Section I. Committee on Public Properties. on motion of Honorable SP Members Benjamin S. Title.” Section II. COMMODITIES. SHOPPING AREAS.foodstuffs. or Bazaars. merchandise. Scope. OR BAZAARS WHERE GOODS. This Ordinance shall be known as the “Ordinance for the Temporary Closure and Regulation of the Use of the Ormoc City Plaza for the Establishment of Flea or Night Markets. ________________ AN ORDINANCE AUTHORIZING THE LOCAL CHIEF EXECUTIVE TO TEMPORARILY CLOSE AND REGULATE THE USE OF THE ORMOC CITY PLAZA FOR THE ESTABLISHMENT OF FLEA OR NIGHT MARKETS.. shopping areas. or bazaars at the Ormoc City Plaza and the imposition of fees and other charges for its operation as provided hereof. foodstuffs. MERCHANDISE. This is not to mention that such venues shall also offer valuable opportunities to local entrepreneurs to showcase local products and talents. Shopping Areas. Chairman. This Ordinance shall govern the establishment of flea or night markets. Definition of Terms. OR ARTICLES OF COMMERCE MAY BE SOLD AND DISPENSED TO THE GENERAL PUBLIC AND TO IMPOSE REGULATORY FEES AND OTHER CHARGES THERETO.

a Special Permit shall be issued by the Local Chief Executive. Utility Charges – The provision of electricity and water shall be borne by the stallholders. d. Imposition of Fees. including the corresponding charges for consumption of the same. including other terms and conditions that may be applicable. Special Permit – shall refer to the permit issued by the Local Chief Executive authorizing the stallholder to establish his stall/booth in accordance with this Ordinance. including beverages. Such amount shall include the provision of a sufficient number of portable toilets for the use of the stallholders. Issuance of Special Permit. There shall be collected from the stallholders a daily stall fee for the temporary use of stall/booth at the Ormoc City Plaza in accordance with this Ordinance in the fixed amount of Two Hundred Philippine Pesos (PhP200. including beverages. their customers and the general public. to qualified stallholders in accordance with this Ordinance.00) per stall/booth. merchandise. Time and Manner of Payment. by vendors during authorized. upon recommendation by the head of the Business Permits and Licensing Office. Stall Fee – the amount of regulatory fee imposed or collected from the stall owners or occupants for the use of designated space or stall at the Ormoc City Plaza for selling of goods. provided. Section IV. Before a stall/booth can validly be established.commodities or articles of commerce. Stallholder – shall refer to a natural or juridical person. a. . association or cooperative. The City Treasurer or her duly authorized representative shall issue an official receipt representing payments of the stall fee. that each stall/booth shall have an area of not more than twelve (12) square meters. b. c. foodstuffs. Section V. commodities or articles of commerce. in whose favor a special permit is granted by the City of Ormoc for the use of stall/booth located at the Ormoc City Plaza in accordance with this Ordinance. Section VI. Stall Fee – The stall fee imposed herein shall be paid to the City Treasurer or her duly authorized representative upon awarding of the stall/booth to prospective stallholders or before the actual occupancy of the stall/booth. Such Permit shall set forth the duration of the same. b.

It shall. Maintenance and Cleaning Charges – No such charges shall be imposed for it shall be the duty and responsibility of the stallholders to keep their surroundings clean and orderly during their occupancy. including its rules and regulations. The City of Ormoc shall not be responsible for any loss or damage which stall/booth occupants may incur. 1. goods. 4. Must have no record of violation of the Revised Market Code. 3. b. theft or robbery. The Local Chief Executive shall determine the policies. Stallholders shall only sell articles. foodstuffs. goods. Section VII. be the duty of the Civil Security Unit assigned within the City Plaza to apprehend and turn over to the proper authority or to the Philippine National Police (PNP) officer any person caught stealing or committing any offense within the municipal plaza. by the reasons of fire. Section VIII. Surcharge for Late Payment. and. shopping areas. or any other cause. 5. such surcharge to be paid at the same time and in the same manner the obligation is to be settled. . including the use of the necessary tools and equipment and the employment of the needed manpower. or bazaars at the Ormoc City Plaza not covered herein but are necessary for the full implementation of the intents of this Ordinance. commodities or other articles of commerce not prohibited by law or by the Local Chief Executive. Any merchandise. which includes the identification and designation of the spaces in the Ormoc City Plaza to be used for the same at a time and period he deems to be most desirable. however. Must be a Filipino citizen with good standing in the local community. All natural and juridical persons are qualified to apply for a stall/booth space at the designated place in the Ormoc City Plaza provided that they meet the following requirements: a. “force majeure”. merchandise. Administrative Provisions. wares.c. and for said purpose. shall utilize all necessary measures. Failure to pay the fee imposed in this Ordinance on time shall be subject to a surcharge of ten percent (10%) of the original amount of fees due. 2. wares or commodities left in the stall/booth during the closure time shall be at the risk of the stallholders. guidelines and mechanics of the establishment of flea or night markets.

amended or modified accordingly. and the non-entitlement of the violating stallholder to be granted the same at any time in the future. including claims for whatever kind of damages.Section IX. Penalty. any part or provision of this Ordinance is declared unconstitutional or invalid. Any Ordinance or parts thereof or any rules and regulations and other executive orders which are inconsistent with this Ordinance are hereby repealed. All stallholders/booth occupants shall be responsible for the cleanliness and orderliness of the immediate surroundings of their stall/booth during the time of their occupancy. Section XII. Section XIII. Repealing Clause. If for any reasons. Section X. including the time they terminate the same. Effectivity. Separability Clause. other parts or provisions hereof which are not affected thereby shall remain to be in full force and effect. Any violation of the provisions of this Ordinance shall be punished by the immediate cancellation of the Special Permit granted. This Revenue Ordinance shall take effect immediately upon its approval. Solid Waste Management. This is without prejudice to the other causes of action that the City may have against said parties. . Section XI.