12.2 13.4 132 13.3 144 18.4 16.2 153 closing time shell be at risk of the stallholders. It shall, however, be the duty of the security unit to exercise utmost vigliance and care to prevent any loss and shall have the authority to apprehend and turn over to the public any person caught stealing or ‘committing any offense in the public market. Market Hours — the Public Market Building shall be open as early 8s 3:00 am and close at 9.00 pm. However, during the 31" of December, last Thursday, last Friday and last Saturday of January, Holy Week, 31” of October, 24 of December, and other Unspecified occasions the Public Market may be open 24 hours. However, any market days other than those mentioned the Market Vendors Association may request in writing to the Municipal Mayor through Market Authority at least 7 days before the request day for 24 hours. SECTION 13 CLEANLINESS AND SANITATION ‘All stallholders/space occupants shall be responsible for the cleanliness and sanitation of the area immediately surrounding, including one-half of the passage ways and aisles of their stalls/space. They should provide covered garbage receptacles, broom and dust pans, Upon recommendation of the Market Authority, there shall be a permanent landing area for goods to be brought into the market for wholesale or auction activities, Upon recommendation of the Market Supervisor the PNP Traffic Division maybe given authority to designate the proper and appropriate use of the perimeter street of the public. market. TITLE V- MARKET MAINTENANCE PROHIBITION SECTION 14 MARKET FUND. ‘A separate account for the market as provided in the DILG Memo Circular No. €3-81, dated July 5, 1993, shall be created and be reflected in the Annual Budget of the LGU land shall be used for the purpose provided under the said circular. SECTION 15 PROHIBITION To loiter, loaf, gamble, play slaughter animal and skate are strictly prohibited within the market premise. To peddle/hawk or sell at the passageway and/or aisles within the market building are strictly prohibited. Likewise the articles or wages sold by the offenders shall be confiscated and be declared property of the Municipality of Bamban. Drinking alcohol or intoxicating beverages within the market premises is strictly prohibited, 10 Ay &15.4 185 156 157 158 159 15.10 161 16.2 Bicycles, skateboards, ti-bikes are strictly prohibited from entering the market building Drying of palay and other grains is not allowed within the market premise. ‘Any alteration of structure/improvement of stall is prohibited unless consulted and approved by the Market Authority ‘The use of any portion of the public market as habitation and/or sleeping quarter is prohibited. The sale of any article in alleys/sidewalks or any space other than those designated for such aiticles shall be prohibited. The placing of any unnecessary boxes, crates or containers or any articles which will obstruct the free passage of customers or buyers. shail be strictly prohibited. Items found in the same areas shall be confiscated while the violators shall be apprehended and charged, ‘There shall be no extension of stalls by the staliholders/space occupants other than those already covered by the plans approved by the Market Authority. Putting of chopping blocks along the aisles or passageway is strictly prohibited. Stallholders/space occupants shall be advised to remove such extension within three (3) days from receipt of notice or order. Failure to comply will cause the Market Supervisor to remove or cause the removal fon said extension and recommend for the revocation of the Business Permit and cancellation of the contract of lease. Any expenses incurred in the removal of said extension shall be charged to the stallholderispace occupant concerned. EXEMPTION Stallholders who have built additional and fixed tables or other form of extension prior to the implementation of this code are except from Section 15.9 of this code provided that an additional fee based on the Revenue Coderthis Code be paid TITLE VI VENDORS AND CARRIER OF THE BAMBAN PUBLIC MARKET SECTION 16 VENDORS ASSOCIATION AND COOPERATIVES: The Municipality recognizes the need of the vendors to form their own. association/cooperative which will enabie them to rationalize and integrate their diverse interest and serve as a forum for the market management to relate to in solving operational problem and to foster a more functional relationship in the administration of the public market, For a vendors association to be recognized by the market management, such association shall comply with the following requirements: 2, There shail be only one association in each market unit b. The association/cooperative shall secure a certification from the Market Authority. c. For cooperatives they must be registered with the CDA or any government agencies. d. The association/cooperatives pledges to abide with the rules and regulations prescribed by the New Market Code and with other Gas itWA 18.4 18.2 18.3 18.4 191 supplementing instructions of the Market Management approved by the Municipal Mayor. SECTION 17 CARRIERS (KARGADORES) A carrier in the public market must be a Filipino citizen, of good moral character and registered as such at the office of Market Supervisor. Each cartier shall be provided with a registration certificate and ID Card which he/she shall wear conspicuously while working, TITLE Vil - SANITARY RULES AND REGULATIONS SECTION 18 GENERAL PROVISIONS All persons engaged in the sale, handling of artcies of foods in the public market shall be provided with health certificate valid for one (1) year from the date issued by the Municipal Health Officer. All persons engaged in the handling of goods for sale in the public market must be neat in appearance. ‘The use of printed papers like newspapers and the like or paper already used as well as banana leaves or leaves of other trees for wrapping or covering any kind of foodstuff, bakery or confectionary products or other articles similar in kinds is strictly prohibited, except however, food that by nature their cooking needs banana leaves, e.g. puto suman, etc. The sale of damaged or any spilled or stale food or foods in bad state or preservation shall not be allowed in the market, Spoiled, damaged foods shall be condemned and be destroyed by the health authority, SECTION 19 ‘SPECIFIC REGULATIONS Carinderia Section ‘a. Cooked foods being sold shall be kept free from any fies or other insects, vermin, as well as dirt. It shall be covered with wide screen receptacles or displayed inside a showcase, '. No cooking is allowed within the Public Market Building ©. Any public eating places operated in the public market shall be provided with hot water facilites for sanitizing piates, glasses, cups, dishes, forks, spoons, and similar ‘equipments. 4. All carinderias, refreshments and others who sell pre-cooked foods must use only iodized salt, in compliance with the ASIN Law or Municipal Ordinance No. 03-2006. ©. These establishment shall be open anytime for inspection of the sanitary officer. Gs 1219.2 19.3 194 19.6 20.1 Variety Section Bread, cakes and other unwrapped foods shall not be handled by hands. Forks, ‘spoons or forceps shall be provided for the handling of these articles. All vendors of refined sugar, salt and certain condiments must be provided with screened fly-proof showcase. The handling of sugar should not be by barehands but by spoon or by any device other than barehands, Meat Section All tables should be kept clean at al imes. All chopping blocks/boards shall be kept clean and scalded with boiling water after use everyday. ‘The meat grinders shall be kept clean from dust, rust and other contamination ‘Only meat which has been duly inspected and certified by the Meat Inspector and fit for human consumption shall be allowed to enter the meat section. Meat inspection Certificate shall be presented prior to entry to the meat section. All meat deemed unfit for human consumption shall be confiscated and disposed as per existing disposal regulations, pursuant to Municipal Ordinance No. 1 Series of 1995. There must be @ meat inspector to chek and monitor the entry of meat products as well as prevent the entry of uninspected meat. Together with the fish Vendors, they shall use one shared water meter and shall answer for consumption. Fish Section The floor area surrounding and under those tables or stalls that have no structures, Permanent or temporary to facilitate cleaning and the drying of this floor space. ‘Smoked fish sold or offered for sale in the market shall be displayed with plastic cover or in screened fly-proof containers provided by the vendors. No raw fish shall be displayed in basket or any container other than the stall provided for the purpose. Raw fish shall be laid on the stalls only and no other container shall be made as substitute of the stalls provided for the purpose. Vegetables, Fruits and Flower Section Al tables or stalls in this section shall be maintained and kept clean and sanitary at all times. The stallholders or vendors authorized to sell in this section is only allowed to ‘stockpile or keep in the stall a quantity just enough for the capacity of space or the stall, Any amount in the excess of the capacity and the placing of unnecessary sacks, containers and other obstructions are strictly prohibited, TITLE Vili - PENAL PROVISIONS: SECTION 20 ACTION BY THE MAYOR ‘The Municipal Mayor, acting on the result of the investigation and recommendation of the Market Authority on the violations of the provisions of this ordinance, shall impose the ‘administrative penalty as hereunder provided upon the erring stallholder/space occupants a follows: Ge 13a. First violation/offense — compromise penalty in an amount equivalent to two (2) months rental, b. Second violation/offense ~ compromise penaity in an amount equivalent to three (3) months rental, . Third violation/offense — administrative penalty of cancellation of contract of lease and closure of establishments. Violators who have been meted with penalty of cancellation of contract of lease shall be ineligible to any future awards of stalls in the public market, ‘SECTION 21 PENALTIES Without prejudice to the administrative penalties provided in the immediately preceding section, all persons responsible for the violation of any of the provisions of this ordinance, shall be persecuted and be penalized by a fine of no less than one thousand pesos (P7,000.00) or not ‘more than two thousand pesos (P2,000.00) or imprisonment of not more than six months or both such fine and imprisonment at the discretion of the court. SECTION 22 SPECIAL PROVISION Due to the eruption of Mt. Pinatubo in the early 1990s, wherein the Public Market stallholders vacated their spaces as it was uneconomically feasible fo maintain and hold business therein the market authority offered incentives to those who chose to stay, other stalls were offered at lower rates. These incentives offered are respected by the New Market Code. However, in the event the contract written or verbal in the incentive offered already lapsed, the awardee after fifteen (15) days from notice or order from the Market Supervisor, the provisions of the New Market Code shall be enforced. For the stallsispaces that were extended without approval from the Market Authorty/Committee and are inconsistent to the floor plans and with the objeciives of the New Market Code, and after inspection and investigation of the Market Authority/Committee, and despite 15 days after the notice or order, has been received by the stall occupant the pravisions of the New Market Code shall be enforced. This Special Provision is ‘ot applicable to the Proposed Bamban Commercial Complex/New Bamban Public Market. SECTION 23 ‘SEPARABILITY CLAUSE If for any reason or reasons, any part of this ordinance is declared unconstitutional or invalid, or part of the provisions hereof, other part thereby shall continue to be in full force and effect. SECTION 24 REPEALING CLAUSE Provisions of the 2004 Municipal Revenue Code of Bamban, specifically under Article | (Market Fees) or any rules and regulations that do not conform of are inconsistent with this ordinance are hereby repealed or modified accordingly 14 PasSECTION 25 EFFECTIVITY This ordinance shall take effect ten (10) days after its publication in a local newspaper ‘and posting in two (2) public places. Certified Correct: MARLENE C. Slee ‘SB Secretary SB \ber & Presiding Officer Pro Tempore APPROVED FLO! ¢, COJUANGCO. Municipal Mayor Date: December |, 2006 MCPiigy 15ANNEX “A” Article| Market Fees Section 71.01. Definitions. When used in this Article Public Market — refers to any place, bulking or structure of any Kind, designated as such by the ‘Sangguniang Bayan. ‘Market Premises ~ refer to any place in the market compound, part of the market jot consisting of bare ground, not covered. by market building, usually occupied by transient vendors especially during market ay. ‘Market Stall - refers to any lotied space or booth on the public market where merchandise of any kind {is sold or offered forsale. Market Section - refers to a subdivision of the market, housing one class or group of allied goods, commodities, or merchandise. The numbering, designation, classification or other form of identifying market sections shall be the responsibilty of the Office of the Mayor thru the Market Supervisor, Market Master, Market Administrator ot whoever is the officer in-charge thereof ‘Section 7L02. Imposition of Fees. There shall be collected the following fees: RENTAL FEE ON MARKET PREMISES WITH STALLS: TYPE AND SIZES OF STALLS RATE PER STALUDAY ‘Fish section 44 squn. P- 10.00 per tle (cash ticket) 2.Meat section (144 sq.m. 10.00 per tile (cash ticket) 3. Vegetable and Fruit section Big stalls (8.64 sq.m) 25.00 ‘Small stals (12.88 sq.m) 40.00 4.Diy Goods and Grocery section 700.00/month. Big stalls (8.64 sqm) ‘Small stals (6.76 sqm.) 500.0040 Comer stalls (5.76 smn) 350.00'mo, 5. Eateries/Canteens Big canteens (71 sq, x4) 2,000,001 mo. ‘Small canteens (6.76 89.7) 4,200.00/mo. ‘Small with open mess "700.0010, 6. Office stalls (regular size) 650.00/mo, 7. Spaces for Ambulant vendors 10.00/day , P500.00 monthly . Imposition subject to Sec. 4 of Resolution No. 24-8, Supplementary Ordinance No, 01-2005 ANNUAL REGULATORY FEES Fruit and Vegetable section P 280.00 Fish Section 4175.00 Meat Section 175,00 Mini grocery 250.00 16ANNEX “At” Section 71.03. ‘Time and Manner of Payment. 2) For Stalls. The fee for the rental of market stalls shall be paid to the Municipal ‘Treasurer or his duly authorized representative within the first twenty (20) days of each month, In case of a new lease, the rental due for the month in which the lease star's, shall be paid before occupancy of the sta. b) For occupancy of market premises. The fee for the occupancy of market premises shall be paid daily, in advance, before any commodity or merchandize is sold within market premises. ©) For market entrance fee. The fee shail be collected at the gate of the public market before the transient vendors are allowed to sell their goods. Section 71.04. Issuance of official receipt and cash tickets ‘The Municipal Treasurer or his duly authorized representative shall issue an official receipt as evidence of payment of rentals of fixed stalls. ‘A cash ticket shall be issued to an occupant of the market premises or transient vendor and his name shall be written on the back thereot., The cash ticket shall pertain only to the person buying the same and shall be good only for the space of the market premises to which he is assigned. Ifa vendor disposes of his merchandize by wholesale to another vendor, the later shall Purchase new tickets if he sells the same merchandize, even if such sale is done in the same place ‘occupied by the previous vendor. ‘The case tickets issued shall be tom in half, one half to be given to the space occupant or vendor and the other helf to be retained by the market collector who shall deliver the same to the Municipal Treasurer for counter-checking against his record of each tickets issued by him for that day, Section 71.05, Surcharge for late or non-payment of fos. 4) The lessee of a stall, who fails to pay the monthly rental fee within the prescribed period, shall pay a surcharge of twenty-five percent (25%) of the total rent due, allure {o pay the rental fee of three (3) consecutive months shall cause automatic cancellation of the contract of lease or stall without prejudice to suing the lessee for the unpaid rents at the expense of the lessee, The stall shall be declared vacant and subject to adjudication, ) Any person occupying space in the market premises without first paying the fee imposed in this Article shall pay three (3) times as much as the regular rate for the Space occupied, ©) Any person occupying more space than what is duly leased him shall pay double the Yegular rate for such extra space and any person who fails to pay the monthly rent ‘within the time fnxed herein shail pay a penalty of twenty-five percent (25%) of the rent due. The lease contract of any person found habitually incurring the foregoing violation shall be cancelled.ANNEX “B” Section 74.06 Adjudication of Stall a) _Leased Period, The Contract of Lease for stall shall be for the period of five (5) years, renewable upon its expiration, unless revoked in accordance with the provisions of this, Article b) Notice of Vacancy. Notice of vacancy of newly constructed stalibooths shall be made for a period of not less than ten (I) days immediately preceding the date fixed for their award to qualified applicants, apprise the public of the fact that such stalls or booths are unoccupied and available for lease. Such notice shall be posted conspicuously on the unoccupied stall or booth and the bulletin board of the market. The notice or vacancy shall be written on the cardboard. thick paper, or any other suitable material and shall be inthe folowing forms: NOTICE Notice is hereby given that StalUBooth No___or Pavilion No___of the market is vacant (or will be vacated on ‘Any person 21 years of age shall fle an application therefore on the prescribed form, copies may be obtained from the Office of the Municipal Treasurer during office hours and before 2:00 o'clock noon of 200_. In case there are more than one applicant, the award of the lease of the vacant stall /booth shall be determined through drawing of lots to be conducted on 200_, o'clock noon at the Office of the Municipal Mayor by the Market Authority This stalVbooth is found in the ___ section and is for lease at P Date of posting: to Market Supervisor Noted: ‘Municipal Mayor Chairman Public Market Authority 18,ANNEX (SAMPLE) APPLICATION TO LEASE MARKET STALL Address Date ‘The Market/Authority ‘Municipality of Bamban Province of Tarlac THRU: The Municipal Treasurer SIR: hereby apply for the lease of stall No. of the market/commercial complex. | am and residing at ‘Should the above-mentioned stall be leased to me in accordance with the market rules and regulations, | promise to hold the same under the following conditions. 1) That while | am occupying or leasing this (or these stalls) | shall at all times have my pictures and that of my helper (or those of my helpers) conveniently framed and hung up conspicuously in the stall 2) | shall Keep the stall (or stalls) at all times in good sanitary condition and comply strictly with all sanitary and market rules and regulations existing or may hereafter be promulgated, 3) I shall pay the corresponding rents for the stall (or stall) in the manner prescribed by existing ordinance. 4) The business to be conducted in the stall shall belong exclusively to me. 5) In case | engage helpers, | shall nevertheless personally conduct my business and be present at the stall (or stalis). 1 shall promptly notify the market authorities of my absence, giving a reason or reasons thereafter. 8) | shall not sell or transfer my privilege to the stall (or stalls/booths) or otherwise Permit another person to conduct business therein, 7) Any violation on my part on the part of my Nelpers of the foregoing conditions shall be sufficient cause for the authorities to cancel the contract. Very truly yours, ‘Applicant TIN# SUBSCRIBED AND SWORN to before me in the Municipality of Bamban, Tarlac, this day of 200___ applicant-affiant exhibiting to me hisiher Community Tax Certificate glesued onal aha afl ati 19INTRODUCED BY: COUNCILOR CARLITO M, POLICARPIO & COUNCILOR JULY A. VITUS 5e it ordained by the Sangguniang Bayan in session assembled, that: TITLE | - PRELIMINARY PROVISIONS SECTION TITLE OF THE CODE 4.1 This Ordinance shail be known and referred to as the “NEW MARKET CODE OF THE MUNICIPALITY OF BAMBAN’. SECTION 2 DECLARATION OF POLICY AND OBJECTIVES: 21 Its hereby declared policy of the Municipality of Bamban that it shall provide within the ‘emtorial jurisdiction varied business opportunities to ll Kinds and classes of lesitimate business, promote and enhance the economic well-being of its constituents. ‘One of the ways and means by which this policy maybe implemented is to provide and construct a Public Market Building, spaces and its attendant facilities within its territorial jurisdiction wherein merchants of any kind and all classes may bring their goods and services for sale to customers. This will include special markets such as but not limited to livestock market, auction market among others, ‘The creation, operation, maintenance and expansion of a reliable and economically viable markets as a service and economic enterprise is hereby declared as objectives of high priority. SECTION 3 SCOPE OF APPLICATION ‘This code shat! apply to govern the aciministration and operation of government owned andior operated markets of any kind and the imposition and collection of market rentals and other fees tor the occupancy of any part thereof. SECTION 4 DEFINITION OF TERMS The following defi ofthe code. ‘of terms shall be applicable in the interpretation of the provisions 4.1 “Agrloultural and or Marine Products" are yields of the soil and/or water, such as; corn, fice, wheat, rye hay, coconuts, sugarcane, tobacco, ractcraps, vegetables, fruits, flowers, ‘etc, and their by products, whether in their original forms or when preserved in a more ‘onvenient and marketable form through the simple process of freezing, drying, salting and smoking,44 48 49 4.10 at ~ ~ “Ambolant/Transient or Henerant Vendor” ~ are those vendors who are not renting or occupying a definite or permanent stall or place in the public market and who sel their ‘merchangise by staying in any place of by moving from place te place within the market premise, “Carinderia" ~ refers to any public eating places where pre-cooked foods are served, ‘Charge ~ refers to any public pecuniary liability, such as; rent or fee against property. person or organization, “Carrier” (Cargador) ~ any person who carties goods or merchantiise from one place to another for fee, "Dealer" ~ means one whose business Is buy and sell merchandise, goods and chattel, as a merchant. He acts as a middieman between the producers and manufacturer and the customers, “Government Owned andlor Operated Market’ ~ market established out of market funds of leased or acquired by the government from private persons thru its instrumentaiity, branch or political subdivision, “Lease” - a written agreement thru which the municipality conveys possession and ‘occupancy, tor a specific period and rent of any portion of its market building or spaces to and in its favor by the municipaiity “Lessee” ~ a person having in his/her possession duly constituted contract of lease for a specitied rental granted in his/her favar by the Municipality of Bamban, Lessor” ~ refers to the Municipality of Bamban or any ather authorized juridical or natural person or entity who transfers, conveys any property or any portion thereot for a specified rental by an agreement or contract of lease either verbally or in writing, ‘License or Permit” — is a privilege or permission granted in accordance with law by ompeient authority to engage in some business or occupation oF to engage in Hisactions. “Market Premise” ~ refers to any space in the market compound including the bare ground not covered by market building, “Market Section” — reters to classification of stalls of spaces in markets accotding fe the: kind of merchandise and services soid therein, darket Stall” ~ refers to any specific and fise ot services are sold a assigned space « adered therein, both in the public markat ket" — refers to any space, building or structure of any kind svmed andor eperated by the municipatity of Bamban, reserved, designed of const of providing space anclfor stalls where goods of any Hind and417 “Retail” — refers to sale where the purchaser buys the commodity for his own consumption irrespective of the quantity or the commodity bought. 4.18 “Stall” ~ refers to sales area stratification of stall according to sales potentials as determined by their floor level and strategic location in the market, 4.19 "Sub-Lease" - refers to any agreement whether verbal or written entered into by and between a lessee and any third person having 2s its subject matter the possession and ‘occupancy of any stall or market space within the public market owned and belonging to (or administered or operated by the municipality. The possession and occupancy of which have been previously granted by the municipality to the said lessee. 420 “Tax’ - means an assessment or imposition, usually monetary in form, levied by the law making body or persons and property subject to its jurisdiction for the purpose of ‘supporting government expenditures. 421 "Wholesale" ~ refers to a sale where the purchaser buys the commodity for resale, regardless of the quantity of the goods. 422 “Privilege Fee" stall refers to a fee charged by the municipality for the privilege occupying a 423 “Application Fee" — refers to a fee paid when applying for occupancy of market sills ‘TITLE Il - THE PUBLIC MARKET STALLS SECTION 5 ‘SECTIONING OF THE PUBLIC MARKET 5.1 DRY GOODS SECTION ~ is the market section which sells all kinds of textiles, ready- made dresses and apparéls, toiletries, novelties, shoes, kitchen wares, utensils and other household articles, handbag, school supplies, 5.2 FISH SECTION. - is the market section which sells fish, clams, oysters, crabs, lobster, shrimps, seaweeds and other marine products. 5.3 VARIETY/GROCERY SECTION — is the market section which sells bread, cakes, goods, Confectionary products, preserved food and all kinds of grocery items except those sold at dry goods section, 54 MEAT SECTION — is the market section which sells all kinds of meat, including processed meat and poultry products. 5.5 FRUIT AND VEGETABLE SECTION ~ is the market section which sells all kinds of fruits, vegetables and rootcrops, 5.6 PANCITERIA AND PROCESSED NATIVE DELICACIES — is the market section which sells “pancit” and native delicacies (mostly in the ground ficor section). 5.7 GARINDERIA SECTION ~ is the market section which serves all kinds of pre-cooked foods or fastfood, including refreshments, coffee and other intoxicating drinks. The 2” Po forrest bt econ 4 Y