Republic ofthe Philippines CITY OF SAN FERNANDO. Province of La Union REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF THE CITY OF SAN FERNANDO ON THE 20" DAY OF NOVEMBER 2011 PRESENT: Hon. Vice Mayor Hermenegiido A. Gualberto Hon. Councilor Aifreda Pablo R. Ortega Hon. Councilor Jonathan Justo A. Orros Hon. Councilor Joseph Bemard D. Valero Hon. Councilor Joseph M. de Guzman Hon. Councilor Andre H. Dacanay Hon. Councilor Florentino G. Flores, Jr. Hon. Councilor Marylin R. Jucar Hon. Councilor Lolita G. Dyquiangeo Hon. Councilor Ramon F. Laudencia, Hon. Councilor Wilfredo P. Ordonio Hon, Member Ramon C. Ortega ABSENT: Hon. Councilor Francisco Paolo P. Ortega V Hon. Councilor Rodolfo M, Abat ~ On sick leave Hon. Member Ramon Guio A. Ortega, Jr CITY ORDINANCE NO. 2011-13 NCE REGULATING THE SALE: ES OF ENTERTAINMENT, BUSINE ACES, AND PROVIDING PENALTI PEALING CITY ORDINANCE NO. 201 Be it ordained by the Sangguniang Panlungsod in session duly assembled that: Section 1. Scope. This Ordinance shall regulate the sale, serving and drinking of liquor in places of entertainment, business establishments, and public buildings and places, and providing penaities for violation thereof. Section 2. Definitions ‘A. Places of Entertainment — include night or day clubs, cabarets or dance halls, bars, cocktail lounges, videoke bars, beer gardens, disco pads, ‘casinos, and other similar establishments, B. Business Establishments — establishments that sell andlor serve liquor, to include restaurants, carinderias, hotels, liquor stores, wine dealers, sari-sari stores, bazaars, groceries, and other similar establishments. . Liquor — shall refer to all alcoholic or intoxicating beverages such as beer, whiskey, brandy, gin, rum, vodka and other kinds of foreign wines and local drinks such as basi, tapey, tuba, lambanog, meding and other intoxicating concoctions. D. Minors ~ shall refer to persons who are below 18 years of age.City Ord. No. 2011-13, series of 2011, page two of 4 pages. E. Public Places ~ shall include the following: city plaza, public markets, ‘cockpits, public parks, monuments, alleys, streets and sidewalks, pier, ‘and barangay, city, provincial and national roads. F. Public Buildings ~ pertain to bullings occupied by government offices including its immediate premises, G. Sere ~ shall mean to offer, dispense or distribute liquor for Consumption within the business premises. Section 3. Licensing and Operation ‘A. No new license for selling liquor shall be issued to any place of entertainment or business establishment unless there is attached to the application a certification issued by the City Planning and Development Office (CPDO) that the business establishment or place of entertainment is located beyond the radius of one hundred (100) meters from any school, church, hospital, pier, public building and in accordance with the Zoning Ordinance of the City. B. All business establishments or places of entertainment that are already in existence within the one hundred (100) meter radius prohibited zone at the passage of this Ordinance, may continue to sell iquor' subject to restrictions herein provided. However, upon withdrawal from business ( change of its ownership/operator, no new license to sell liquor in the same site shall be granted. The same applies when a new school, cchurch, hospital, pier or public building is established in a certain area after the passage of this Ordinance. C. The serving or drinking of liquor in the existing business establishments, F places of entertainment within the prohibited zone shall only be from {6:00 o'clock in the evening up to 2:00 o'clock in the morning. D. All other businesses selling and serving liquor outside the prohibited area shall not sell and serve liquor from 2:00 o'clock in the morning to 8:00 o'clock in the morning except in the areas designated as entertainment area by an appropriate ordinance. E. All convenience stores, bazaars, groceries, including sari-sari stores, within the prohibited zone may sell liquor if their license so provides, However, they shall in no case serve liquor for consumption of customers within the business premises. F. All business establishments selling or serving liquor shall display in a Conspicuous place inside the establishment an abstract of this Ordinance, G. All establishments accredited by the Department of Tourism shall be ‘exempt from this ordinance, Section 4, Restrictions as to Persons. Liquor shall not be sold or served to ‘minors, nor shall minors be allowed to drink liquor. Section 5. Guard Duty Requirement. Places of entertainment shall employ at least one (1) designated security guard to render guard duty and to bodily search customers for deadly weapons, explosives and prohibited drugs during the hours of operation Section 6. Posting of Notice. All business establishments and places of entertainment selling or serving liquor shall post a notice in bold letters on a board ‘of permanent nature measuring two (2) feet by three (3) feet, that:City Ord. No. 2011-13, series of 2011, page three of 4 pages “PERSONS BELOW 18 YEARS OLD SHALL NOT BE SOLDISERVED LiguoR.” Section 7. Ban on Drinking of Liquor in Public Places and in Vehicles. Drinking liquor in public places is strictly prohibited. This prohibition likewise applies to drinking inside vehicles while said vehicles, either moving or parked are within public places. However, the prohibition shall not apply during barangay fiestas, wakes and city celebrations. Section 8. Penalties. Violation of any provision ofthis Ordinance are subject tothe following penalties: ‘A. On the part of the ownersfoperators of places of amusement and business establishments: 1. Every act committed jin violation of the specific prohibitions under Sections 3, 4, 5 and 6 herein shall be fined the amount of Five ‘Thousand Pesos (PhPS,000.00) for each offense, B. Others 1. persons drinking in public places and inside vehicles, either moving F parked that are within public places; and 2, minors drinking liquor. For every offense - Five Hundred Pesos (P500,00) Section 9. Administrative Provisions. ‘A. Multiple offenses committed by ownersioperators of places of amusement and business establishments shall cause the revocation of the business license upon recommendation of the Permits and License Officer. B. Failure to pay the penalty provided in Section 8 (B) of this Ordinance shall cause the offender to render five (5) hours of community service Section 10. Repealing Clause. All ordinances, resolutions or parts thereof inconsistent with this Ordinance are hereby repealed. Section 11. Separabilty Clause. If for any reason, any provision in this Ordinance is declared unconstitutional or invalid, the other provisions hereof not 0 affected shall continue in full force and effect, ‘Section 12. Effectivity. This Ordinance shall take effect upon approvel APPROVED.”City Ord. No. 2011-13, series of 2011, page four of 4 pages CERTIFICATION | hereby certify to the correctness of the above quoted City Ordinance ‘enacted on Third Reading on November 29, 2011. i Faro es Soro ATESTED: 2 HeRMENESILDO A. GUALBERTO ico Neyer APPROVED this 5" _ day of December 2011. fell, Mayor