Republic of the Philippines CITY OF BACOOR Province of Cavite OFFICE OF THE SANGGUNIANG PANLUNGSOD. CITY ORDINANCE NO. CO 11-2015 Series of 2015 IN ORDINANCE AMENDING SECTION 4C.02 UP TO 4C.04, CHAPTER OF MUNICIPAL ORDINANCE NO. 4-1, SERIES OF 2008 OTHERWISE INOWN AS THE “GENERAL ORDINANCES CODE OF BACOOR” IEGARDING THE PROHIBITION AGAINST THE SALE OF WINES, |QUORS, AND SIMILAR PRODUCTS TO PERSONS UNDER EIGHTEEN (18) jponsored by : Hon. Miguel N. Bautista, Hon. Rowena M. Bautisia~ lendiola, Hon. Venus D. De Casto, Hon. Bayani M, De Leon, Hon. joynaldo M. Fabian, Hon. Edwin G. Gawaran, Hon. Hemando C. wutierez, Hon. Victorio L. Guerrero, Hon Roberto R. Javier, Hon. audencio P. Nolasco, and Hon. Reynaldo D. Palabrica. WHEREAS. the Sangguniang Panlungsod received numerous pports pertaining to minors being coerced by adults to buy icoholic beverages and fo sell products containing inebriating bstances such as solvents and plastic adhesives os well as igarettes. WHEREAS, it has been observed by the City Social Welfare ind Development Officer that many children have been caught buying and using the above-mentioned substances in public. oreover, many adults have been observed using cigarettes and biner tobacco products beside or in the presence of minors ereby exposing the latter to second hand smoke. WHEREAS, the health of children exposed Io the effects of the said substances are imperiled. Moreover. the said children can also, ie WHEREAS, Section 4C.02, Chapter IV of Municipal Ordinance No. 4-1 Series of 2008 otherwise known as the “General Ordinances Code of Baceor" prohibit the serving of intoxicating drinks to minors but does not prohibit minors from selling the said beverages or from seling, buying, or using other inebriating substances such as Certified by: ny ordnance Ne. co 312015 An Ordinance Amending soction 4.0? UpTe 404. Chapter W i See ee te eee Or aaa Onenrse Krewe. bs Toe “Gaetal covets evnsto = “ se Ot Meno Oe Me Recardha the Potion agar he Sole OF Wires SNS SIR cor oa econ ta) Yeeros ~ a Liquors, Ane Similar Products 10 Fobrucry 73,2015 Aer Po Page 1 HON. B, REVILLA City Mayor,Republic of the Philippines CITY OF BACOOR Province of Cavite OFFICE OF THE SANGGUNIANG PANLUNGSOD bivents and plastic adhesives. Moreover, neither does ihe said brovision ban business establisnments and traders from selling the bid substances as well as tobacco products to minors. NOW THEREFORE, BE IT ORDAINED by the Sangguniang ranlungsod of the City of Bacoor thi Section 1. Sections 4C.02 up to 4C.04 of Municipal Drdinance No. 41 Series of 2008 are hereby amended and shall \ereafter read as follows: “Section 4C.02. Cigaretfe Smoking Ban In All Schools, Food :stablishments, Food Manufacturing Establishments, Public Markets \d Commercial Malls, The smoking or chewing of cigarettes and 1 tobacco products shall be strictly prohibited inside all schools, ood establishments, food manufacturing establishments, public Pesta I_minors be allowed io smoke or chew cigarettes or 4 ther lobacco products anywhere within or outside of the said ings or pk "| Section 4¢.03. Penalties for Violation of Section 4C.02. Any 1 berson who shall violate Section 4.02 shall be held liable to a fine ff One Thousand Five Hundred Pesos (PhP 1,500.00) _voon | cetermination of o proper court of law. If the offender is a minor or ciialed his/her porents or quardions shall )) pay the fine mentioned above. Section 4C.04. Prohibition against the sale of tobacco onevrcrono EcuaeIO 2% products, intoxicating _beverages or products, and/or_products i ee nl containing solvents to minors or to mentally incapacitated persons. The sale of any tobacco or cigarette product, intoxicating parece Bye beverages of product — including but not limited to beer, wine, im whiskey, gin, -- Gnd/or any product with solvents such as but not er limited to rugby. acetone. plastic adhesives and/or roof sealant io any minor or to any mentally incapacitated shall_be City Ordinance No. CO11-2025 An Orcinance Amending Section 4¢.02 Up To 42.04, Chapter ly Of Municipal Ordinance No. 44, Series Of 2008 Othorwise Known As The “General Ordinances Code Of Bocoor’ Regarding The Prohibition Against The Sale Of Wines City Vice Moyor/Fesiding Officer a a Liguots, and Stnilar Pioducls To Persons Under Lighteen (18) Years Ole, Febuary 23,2015 Page 2 HON. a REVILLA City MayorRepublic of the Philippines CITY OF BACOOR Province of Cavite OFFICE OF THE SANGGUNIANG PANLUNGSOD losolutely prohibited in the City of Bacoor. The following penalties all be imposed against the owner/s, manager/s, or supervisor/s: duty of any establishment that violates this orovision: st Offense P1,000.00 fine _plus_mandatory altendance to_a_one (1) doy seminar on the hazards to minors ‘of cigarette smoking, the imbibing ‘of intoxicating beverages and products, and the inhalation of solvents to be conducted by the ity Health Officer |CHO): kecond Offense P2,000.00 fine plus five (5) day suspension of business permit and the closure of the estabjishment for the same number of days; itd Offense 5,000.00 fine plus ten (10) dav suspension of business permit and ihe closure of the establishment for the same number of days. mn 4C.05. __Prohibition_against wiring, aut directing minors or mentally incapacitated persons to buy or sell pbacco products, intoxicating beverages or products, and/or Sroducts containing solvents. Any adult who requires, autnorizes, or irects a minor or mentally incapacitated person to buy or sell an} jobaceo or rette product, in ing beverages of product = cluding but not limited 1o beer, wine, whiskey, gin, - and/er any product with solvents such a: ot limited to ruby, acetone, sind /or roof sealant within the City of Bacoor shall be held fiaible for jolating Section 4C.04 hereof. The following penalties shall_ be gins! the parent or quardian, or against any adult, who iolates this provisior First Offense P1,000.00 fine plus mandatory dance fo a one {I} & seminar on the hazards to minors ‘of clgareite smoking, the imbibing of intoxicating beverages and products, and the inhalation of solvents ta be Conducted by ihe Gity Ordinance No. CO 25-2015 An Oicinance Amending Section 4c.02 Up To 40.04, Chapter lv (Of Moricipol Ordinance No. 41, Series Of 2008 Otherwise known As The "Geneial HON, “ARISTO Ree Ordinance: Code Of Bacsor” Regarding The Prohibition Aaains! The Sale Of Wines. fee IMayor/Presidina Officer lavas, Ali Siar Produvl To Porsuns Under Eightoon (18) Years Ott Fabia 22,2015, Pi HON. ae revi, PRP? City MayorRepublic of the Philippines CITY OF BACOOR Province of Cavite OFFICE OF THE SANGGUNIANG PANLUNGSOD CHI econd Offense P2,000.00 fine plus five (5) day imprisonment; hird Offense P5,000.00 fine plus ten {10} dor imprisonment. Section 4C.06. __Right and duty of business establishments I) ie refuse sale of tobacco products, intoxicating beverages or broducts, and/or products containing solvents fo _persons luspected of being minors or of being mentally incapacitated and ‘ascertain the age or mental capacity of a customer. The moloyees or proprietors of all business establishments in the City of Jacoor shall have the right and duty to refuse to sell any tobacco br cigarette product, intoxicating beverage or product — including but not limited to beer, wine, whiskey, or gin, ~ and/or any product M vith solvents such as but noi limited lo rugby, acetone, and er roof WSealani fo any person suspected of being a minor or of being nially incapaciiaied. If the said person insists on buying the said Bprcoucts Gesoite the refusal of the employees or propristors of ihe i tioned above, the employee or proprietor ‘ees shall have the fight to call a police officer or a social ined at the City of Bacoor who shall ascertain the cae Mor_mental capacity of the customer_and to require _the said “customer to wail for the arrival of ihe police officer or social worker fore proceeding with the transaction. Provided, that_the employee or proprietor who invokes the said right shall not be held jable for any injury or Gamage arising from any delay caused by his/her decision fo ascertain the age or mental capacity of the customer even If he/she is proven wrong by the police officer or Social worker, Provided further that the said dani ang priviege shall Iso_extend_in favor of traders and sidewalk vé 1s of _the substances mentioned above. Section 4C.07.__ Power_of_any_ police or social worker to fake custody of any child or mentally incapacitated arson caught buying or sellin roducts,_int Aitested beverages or products, and/or cts containing s AD! x / alice officer or social worker assiqned or Getalled 4 ity of “ATTY, KHA AR Bacoor is hereby empowered fo take into custody any chil epics Seastay “‘montally incapacitated person caught buying, selling, or using an Certified by: GF hunicoal‘Ordrence Nos Soles OF 2000 Ohermse: Known. As tno. "oneal Hon cree Bio, Grcinoncee Cade OF Bacece” Regarcing the PoNbiion Aoaist Ihe sole Of Wines. residing Officer | iqucrs, and similar froducis To Persons Undler Eighteen (10| Yours Old February 23,2015. Page 4Republic of the Philippines CITY OF BACOOR Province of Cavite OFFICE OF THE SANGGUNIANG PANLUNGSOD. bacco or cigarette product, intoxicating beverage or product = cluding but not limited to beer, wine, whiskey, or gin, — and/or Eny—product with solvents such as but not limited fo rgb: icetone, and/or roof sealant in the City of Bacoor pursuant to the bertinant provisions of RA 9344 (also known as the “Juvenile Justice ind Welfare Act of 2006") and its implementing quidelines. Section 4C.07 Definition. As used in this Chapter, the following ords and phrases shall be understood to mean as follows: b. _Bar- includes beer gardens or places where intoxicating and Ermented liquors or malt are sold, disposed of, given away, or lerved to customers for compensation, even without foods, where @ services of hostesses of waitresses are employed and where ustomers are entertained by occasional dancing to music not Pndered by a regular dance orchestra or musicians hired for the burpose, otherwise the place shall be classified as a dance hall, ight or day club. A “cocktail lounge” shall be classified as a dance hall, night or day club. A “cocktail lounge” is considered c bar” even if there are no hostesses or waitresses to entertain ustomers. b. __ Cigarette — a stall cylinder of finely cut tobacco leaves polled in thin paper for smoking . Food Establishment — an establishment where food or drink gre manufactured, processed, stored, sold, served, including those nat ore located in ve g facturing Establishments - places used for business of producing. packing, or _re-packing_of various food products manually, mechanically, or a combination of both, The ferm shall also include savahter houses. n intoxicating Drinks or Beverages ~ refers fo liquors, wines, and "ther distilled spirits other than fermented liquors such as "Beer", Elupa" and similar domestic termented beverages: is School-a 9ublic or private educational institution undertaking educational operations with an organized croup of pupils or uruing defined studies at defined levels, receivin instructions from teachers, usually located in a building or group of ty Ordinance No. CO 11-2015 An Oicinance Amending Section 4c.02 Up To 4¢.04. Chapter Of Municipal Ordinance No. 44, Series Of 2008 Otherwise Known As The “General Ordinances Code Of Basoor" Regarding The Prohibition Against The Sale Of Wines Liquors, And Similar Product: Te Pessors Under Lighteen (18) Yours Ok. February 23.2015 Page 5 Ho SI ae REVILLARepublic of the Philippines CITY OF BACOOR Province of Cavite OFFICE OF THE SANGGUNIANG PANLUNGSOD 1. Words used in singular also include the plural, The reverse is also true; 2.__Words used in the present tense shall_also include the past tense. The reverse is also te: 3.___The words “musi”, “shall”, “will” and “may not as used in this Chapter are mandatory; 4, The word “may” is permissive while “should is advisory and net mandatory or required: 5,__When used with numbers the phrase “Up fo X," “not more than X" and “a maximum of X" shall all include X: ____ 6. __ Words _or_phrases_not defined _in Section 4C hereof shall be interpreted in the context it wos used and the reasons why the Sangguniang Panlungsod used the said terms; 7.__Any word, phrase, or term not enumerated ‘above bul used in this Code shall be interpreted by taking inlo account the context in which it was used, its meaning as popularly understood, or ifs definition in either Black Law, a! Dictionary or in the 2014 edition of Memiam _-Webster gi)" Dictionary: and f &__Unless otherwise specified, any reference to the male _gender_in_any_proviston of this Chapter shall also include the female gender." wt Section 2. Effectivity. This Ordinance shall take effect ~ immediately after it has been published at least once in a newspaper of general circulation in the Province of Cavite and © after it has been posted in at least three (3) conspicuous places in the City of Bacoor following its approval by the Sangguniang Panlungsod. City Ordinance No, CO 11-2015 An Oxcinance Amengina Section 4c.02 Up To 4.04, Chapter Iv Of Municipal Ordinance No. 41, Solos Of 2008 Ctherwiso Known As The “Genero! Ordinances Cade Ot Bacoo!" Regarding The Pichibition Against The Sake OF Wines, Gi Vie Mayo} Presiding Offcer ioe, and Sinlar Products To Forsons Undor Egitoon {18} Yeats Ok Feary 23,2015, HON. B. REVILLA, City Mayor! Page 6Republic of the Philippines CITY OF BACOOR Province of Cavite OFFICE OF THE SANGGUNIANG PANLUNGSOD rekon 5 te Section 3. Interpretation, Conflict, and Separabilify. In their pretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the bublic health, safety and general welfare, and shall be consirued b achieve the purposes for which this Ordinance was adopted. This Ordinance is intended to interfere with, abrogate, and bnnul any other ordinance, rule, order, memorandum, or guideline brevailing in the City of Bacoor prior io its approval. Where any brovision of this Ordinance imposes restrictions different from those posed under other provisions of he General Ordinances Code. he provision that is more restrictive or that imposes higher landards shall control, if any court of competent jurisdiction adiudges any part or provision of the General Ordinances Code —or the application ereof to any person oF circumstances — invalid, such judgment hall be limited in its application to the part, provision or application directly involved in the controversy in which the judgment shall be lendered. It shall not affect or impair the validity and continued enforcement of any other parts of provisions of the said Code or ine application of them to other persons or circumstances. Section 4. Aufomatic Review. The Sangguniang Panlungsod shall automatically review this Ordinance once every Ihree (3) years following its approval. Section 5. Due Process Requiremenis. The rudimentary equirements of procedural and administrative due process shall be trictly observed prior to the imposition of any of ihe penalties pecitied above. Thus, the Cily Mayor and City Health Officer and ll other city employees under them shall ensure that persons “fgainst whom the said penaliies are intended 10 be imposed shall (a) notified in writing ot the acts committed or not _commitied that constitutes a violation of this Ordinance; (b) given at least 24 hours from receipt of the notice within which to comply with the particular provision of the Crdinance,that wes alegedly violated (¢) exempted /from facing criminal prosecution after the “suspected ‘offender vountarlly pays the corresponding Certified by: City Ordinanes No. €0 12-2015 An Ordinance Amending Section 46-02 Up To 46.04, Choper iv Of Municipal Grcinance No. 4, Series OF 2008 Otherwise Known As Tho “Goneral PONCE EVO. Crcinoncae Cone OF Bacocr” Pogercing Tho Prohiiion Ago! he sole OF Wines, ing Officer ioyors, and Simifar Products To Persons Under tighteun (18) Yeors Old. February 23. 2015 Page 7Republic of the Philippines CITY OF BACOOR Province of Cavite OFFICE OF THE SANGGUNIANG PANLUNGSOD fine or perform the other penalties imposed for the offense allegedly committed; and (d) allowed to defend himself in a proper court of law before the imposition of any fine or penalty in case the suspected offender chooses to challenge the validity of allegations against him. UNANIMOUSLY APPROVED this 23° day of Feoruary 2015 by 1 Sangguniang Panlungsod of the City of Bacoor. VOTING RECORD Hon. Miguel N. Bauiista, Hon. Rowena M. Bautista-Mendiola, Hon. Venus D. De Castro, Hon. Bayani M. De Leon, Hon. Reynaldo M. Fabian, Hon. Edwin G. Gawaran, Hon. Hemando C. Gutierrez. Hon. Victorio L. Guerrero. Hon. Roberto J. Javier, and Hon. Gaudencio P. Nolasco, and Hon. Reynaldo D. Palabrica. ISSENTING | None BSTAINED [None 1 Hon. Avelino B. Solls and Hon. Leandro A. De leon I hereby certify that the foregoing Ordinance was duly approved accordance with law and that the contenis hereof are true and orrect, Certified by: HON. CATHERINE S}/EVARISTO City Vice Mayor|Presiding Officer Approved by: HON. STRIKE B. REVILLA City Mayor a Cay Otinance No.0 11.2015 An Cxdnance AMencina Secon 42.92 Up To #04, hate OF unetoel Orcionce: Now bir Stes OF 2008 Sthontee Brown As The. “Conera HONEATIENES ESO. Clsrancel Code OF bacoor Regarsn Ine frohion gsr The Sas OF Wes oe Liquors, And Similar Products To Persons Urider Eighteen (18) Years Ole. Keele Febuary 23, 2015 Pages HON. STRIKE B. REVILLA City Mayor