Republic of the Philippines PROVINCE OF MISAMIS ORIENTAL MUNICIPALITY OF ALUBIJID EXCERPTS FROM THE MINUTES OF THE 53" REGULAR SESSION OF THE SANGGUNIANG BAYAN OF ALUBIJID, MISAMIS ORIENTAL, HELD AT THE SESSION ON JULY 29, 2020 PRESENT: Hon, Alvin Giovanni A. Labis - Vice Mayor, Presiding Offic Hon, Princess Kimberly V. Ubay-ubay _- Sangguniang Bayan Memb Hon. Roy E. Tomampoc - Sangguniang Bayan Mem! Hon. Jerome J. Aranjuez - Sangguniang Bayan Mem! Hon. Minerva L. Burlat - Sangguniang Bayan Membei Hon. Sonia J. Chang - Sangguniang Bayan Membei Hon. Victoriano R. Tacang - Sangguniang Bayan Memb Hon. Francisco G. Vacalares, Jr. - Sangguniang Bayan Memb Hon, Nolan Li. Labis - Sangguniang Bayan Memb: Hon. Lev J. Macalaguing, ABC Pres. - Ex-Officio Member Hon, Nikko Angelou C. Fabria, SK Fed. Pres. - Ex-Officio Member ABSENT: NONE MUNICIPAL ORDINANCE NO. 40-2020 €.8. 07/29/20 Author: Hon. Princess Kimberly V. Ubay-ubay AN ORDINANCE PROHIBITING THE BUYING, SELLING, AND DISPENSING pr INTOXICATING WINE, MALT, VINO, MIXED OR FERMENTED LIQUORS AND STI OR ELECTRONIC CIGARETTES, AND VAPE AND OTHER TOBACCO PRODUCTS MINORS IMPOSING PENALTY FOR VIOLATION THEREOF, AND FOR OTH} PURPOSES. WHEREAS, Minors shall, at all times, be protected from the pernicious effect destructive and health-threatening vices; WHEREAS, Exposure by minors to intoxicating drinks and liquors, as well ag cigarettes and other tobacco products are facilitated by and through Dusinps establishments which offer for sale and/or allow to be bought these product or article’ commerce; WHEREAS, while wines, liquors, cigarettes, tobacco products and their derivates are considered lawful and within the commerce of men, yet access to and consumptior the same should be restricted to minors; teenagers and adolescents not yet of legal age; BE IT ENACTED by all members present in session assembled that: SECTION 1. Title, This ordinance shall be known as the Liquor and Tobacco Bay Minors Ordinance of 2020. SECTION 2. Definition of Terms. The terms used in this ordinance shall understood to mean as follows: a. Wine - refers to an alcoholic drink made from fermented grape jui 107 HALL ro ER of to of of on b. Liquor - is an alcoholic drink produced by distillation of grains, frpits or vegetables that have already gone through alcoholic fermentatiqn. c. Vino - refers to indigenous wines fermented from palm sap rice, j b's tears, sugarcane and honey; as well as modern wines mdstly produced from various fruit crops.Page 2 (Municipal Ordinance No. 40-2020) d. Malt - Barley or other grain that has been steeped, germinated, ahd dried, used for brewing or distilling and vinegar-making, ¢. Cigarette - refers to any roll or tubular construction, which contaihs tobacco or its derivatives and is intended to be burned or heated under ordinary conditions of use. f, Blectronic cigarette - is a device shaped like a cigarette, containing a nicotine liquid which is breathed in as steam rather than smoke. &. Fruit-flavored beer products - refers to any “beer made with fruitlor any combination of fruit. h, Minors ~ refer to a person below 18 years old. SECTION 3. Prohibition on Business Establishments . No business establishmests in the municipality which are engaged in, or conducting the business of, among othets, offering for sale, selling, dispensing, providing, or allowing to be bought therefrom, wings, malts, beer or fruit-flavored beer products, mixed or fermented liquors, cigarettes and otHer tobacco products, electronic cigarettes, vape or vaping products, and other electropic nicotine delivery system products to children, students, teenagers, and adolescents who ¢re minors and not yet of legal age. ‘They are likewise prohibited from and can justifiably refuse to accommodate ny request to buy or purchase the regulated products if, to the mind of the store clerk|or person attending the establishment have the reasonable belief that the purchase about] to be made is for, in behalf of, and intended to be for the consumption of the minors. customers shall be used or occupied by children, students, teenagers, and adolescents who are still minors for the consuming, imbibing, drinking, enjoying, or smoking as the case may be, the regulated products even though the same are not procured from the spid business establishment, but rather brought into or sourced from outside. No space or any part of the business establishment designed or intended te SECTION 4. Posting of Notice. All business establishments, engaged in selling 4nd dispensing intoxicating liquors and tobacco products including their derivatives, shall case the posting and installation of Notices and/or Warning Signs, preferably in that part| or place where the liquors and tobacco products are displayed, that the selling and dispensing of the same are prohibited to minors. The Notice shall be worded as follows: NOTICE ‘The selling and/or dispensing of intoxicating liquors, other alcoholic drinks, cigarettes, and other tobacco products are strictly prohibited to minors. SECTION 5. Penalty. Any person who violates the provisions of Sections 3 an¢ 4 hereof shall suffer the penalty of: 18 Offense - Warning 28 Offense ~ P1,500.00 fine 3! Offense - P.2,500.00 fine ‘Subsequent offense - cancellation of Business PermitPage 3 (Municipal Ordinance No. 40-2020) ‘The salesclerk or any person actually attending to and accommodating any mino at the time of the commission of the offense shall be held liable and subjected to the pendity imposed herein. SECTION 6, Smoking Cessation Program. The Municipal Health Officer is tasked to drat, formulate, come-up, and implement a smoking cessation program for minors engaged in, or hooked to, the vices of smoking, The program may also be offered to minors dnd adults who want to quit and cease from the habit of smoking. SECTION 7. Oversight Function. The Committee on Health and Social Services sijall exercise its oversight function regarding the implementation and enforcement of this Ordinance, It shall likewise monitor the progress and efficacy of the smoking cessatjon program among minors and to adults who volunteer to enrol in the program. It shall further keep track on the utilization and disbursement of appropriations in the budget for the program and other health-related programs. SECTION 8. Implementing Rules and Regulations. The Municipal Health Offider, within thirty (30) days from effectivity of this Ordinance, shall coordinate with fhe Municipal Welfare and Development Officer and the Business Processing and Licensing Officer, for the formulation of the necessary implementing rules and regulations of this Ordinance. With or without the implementing rules and regulations, this Ordinance shall remain valid and effective. Section 9. Repealing Clause. Any ordinance, rules and regulations and/or mats thereof inconsistent with the provisions of this ordinance are hereby repealed and/or modified accordingly. SECTION 10. Separability Clause. In the event that any part or provision of this Ordinance shall be held unconstitutional or invalid, the other parts of provision heieto which are not affected thereby shall continue to be in full force and effect. SECTION 11. Effectivity. This Ordinance shall take effect immediately upon apprqval and after posting on three (3) conspicuous public places. Let copies of this ordinance be furnished to all persons and offices concerned for their information and guidance. APPROVED: July 29, 2020 I HEREBY CERTIFY to the correctness of the foregoing M(}nfcipal Ordinance. ‘Sangguniang Bayan Secretary eanSelllY stab ov Muhicipal Mayor