2017 Market Code.pdf

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MAY 24, 2017, AT THE CITY HALL. PRESENT: Hon. Aquilino Y. Cortez, Jr. - - - - - - - - - - Hon. Sarah Lugerna F. Lipumano-Garcia - - Hon. Benjamin G. Cajudo II - - - - - - - - - - Hon. Noel Y. Atienza - - - - - - - - - - - - - - - Hon. Eduardo G. Guerrero - - - - - - - - - - - - Hon. Alreuela M. Bundang-Ortiz- - - - - - - - Hon. Edna A. Elane- - - - - - - - - - - - - - - - - Hon. Emerito Linus D. Bacay- - - - - - - - - - Hon. Basilio D. Palo - - - - - - - - - - - - - - - - Hon. Jerome Michael S. Bacay - - - - - - - - - Hon. Randy C. Sionzon - - - - - - - - - - - - - - Hon. Egmidio M. Gonzales, Jr. - - - - - - - - - -

City Vice-Mayor & Presiding Officer City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor President, Liga ng mga Barangay Indigenous Peoples Mandatory Representative

ABSENT: Hon. Eduardo J. Piano- - - - - - - - - - - - - - - - City Councilor (On Vacation Leave)

In the interest of public service and on motion of City Councilor Noel Y. Atienza, with the unanimous accord of the Members of the Sangguniang Panlungsod present, RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following Ordinance:

ORDINANCE NO. 13 (Series of 2017) AN ORDINANCE ENACTING 2017 MARKET CODE OF OLONGAPO CITY TITLE I - PRELIMINARY PROVISIONS SECTION 1.

TITLE – This Ordinance shall be known and referred to as “THE 2017

MARKET CODE OF OLONGAPO CITY ” SECTION 2.

DECLARATION OF POLICY AND OBJECTIVES –

2.1. It is hereby declared the policy of Olongapo City (herein after referred to as “City”) that is shall provided within its territorial jurisdiction various business opportunities to all kinds and classes of legitimate business, in order to promote and enhance the economic well being of its constituents. 2.2. One of the ways or means by which this policy may be implemented is for the City to construct, rehabilitate or provide market buildings, spaces and its attendant facilities within its territorial jurisdiction wherein merchants in all walks of life may bring in their goods or services for sale to customers. This will include special attention to special markets, such as but not limited to livestock market, auction markets, among others.

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -22.3. The creation, operation, maintenance and expansion of reliable and economically viable markets as a service and economic enterprise are hereby declared as objectives of high priority. SECTION 3. SCOPE OF APPLICATION – This Code shall apply to govern the administration, management, and operation of government owned and or operated markets of any kind in the City and the imposition and collection of market rentals, royalties, administration fee and other fees for the occupancy of any part thereof. All stall owners, lessees, occupants in the Market Premises as defined in the next section shall be covered by this Code and by the policies that may be promulgated by the Market Authority. SECTION 4. DEFINITION OF TERMS – The following definition of terms shall be applicable in the interpretation of the provision of this Code. 4.1 “Abandon” refers to give up with the interest of never again claiming a right or interest in the stall, to give over unrestrainedly. To leave, empty or uninhabited the stall without intending to return. 4.2 “Agricultural and/or marine product” refers to yield of the soil and/or water, such as corn, rice wheat, Rye Hay, coconut, sugarcane, tobacco, root crops, vegetable fruits, flowers, fish, shellfish etc. and their by-products, whether in their original form or when preserved in a more convenient and marketable form through the simple process of freezing, drying, salting and smoking. 4.3 “Ambulant/Transient or Itinerant Vendor” refers to those vendors who are not renting or occupying a definite or permanent stall or place in the public market, who passed the necessary requirements and are permitted by the Market Authority to sell their merchandise in designated places within the market premises. 4.4 “Annual Fixed Tax” – Tax imposed for every truck, van or any motor vehicle used in the delivery of all products in Olongapo City Public Market. 4.5 “Break-even-Point” refers to a condition in a market operation wherein all receipts derived from market revenues will be equal to the overhead expenses which are required and necessary in the conduct of business operations wherein no profits are realized. 4.6 “Carinderia” refers to any public eating places outside the food court area where precooked foods are served. 4.7 “Charge” refers to pecuniary liability, such as rents or fees against property, person or organizations like parking, market fees and the like. 4.8 “Dealer” refers to one whose business is to buy and sell merchandise, goods, and chattels as a merchant. He acts as a middleman between the producer or manufacturer and the customer. 4.9 “Delivery Trucks/units” refers to any vehicle used to deliver goods, any food items or any commodity for sale in the market. 4.10 “Food Court” refers to a public eating place designated by the City inside the Public market premises where cooked foods are served.

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -34.11 “Government owned and/or operated markets” refers to markets established out of public funds or those leased or acquired by the government from private persons through its instrumentality, branch or political subdivision. 4.12 “Gross Receipts” refers to include all moneys and properties received in consideration for services rendered or article sold, exchanged or leased without any deduction or the whole amount of the receipts of the business before the cost of production or acquisition is deducted therefrom. 4.13 “Idle stall” refers to any unused stall/space for thirty (30) consecutive days for whatever reason except by force majeure, or due to physical incapacity of the awardee which requires medical treatment for the period recommended by the attending physician but not exceeding one (1) year. 4.14 “Kiosk” refers to a small open structure specially designed to vend a particular merchandise or services. 4.15 “Lease” refers to a written agreement through which the City conveys possession and occupancy, for a specified period and for a specified rent of any portions of its market buildings or spaces to and in his favor by the City. 4. 16 “Lessee” refers to a natural person, having in his/her possession, a duly executed contract of lease for a specified rental, granted in his/her favor by OlongapoCity. 4.17 “Lessor” refers to Olongapo City or any other authorized juridical entity or natural person or entity who transfers, conveys of any real property or any portion thereof, for a specified rentals, by an agreement or contract of lease either verbally or in writing. 4.18 “License or Permit” refers to the privilege or permission granted in accordance with law by competent authority to engage in some business or occupation or to engage in some transaction. 4.19 “Loading and Unloading area” refers to a designated area where passengers and goods, respectively, are loaded and unloaded. 4.20 “Market Premises” refers to any space in the market compound including the bare ground not covered by market buildings, the Public Market access road including the adjacent spaces, buildings fronting the access road and national road leading to slaughter house. 4.21 “Market Section” refers to classification of stalls or spaces in the market according to the kind of merchandise and services sold or rendered therein. 4.22 “Market Stall” refers to any specific and/or assigned space in the public market where merchandise or service of any kind is sold or offered for sale. 4.23 “Parking area” refers to designated areas where vehicles can legally park for a certain period of time. 4.24 “Porter (Cargador)” refers to any person who carries goods and merchandise from one place to another for a fee.

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -44.25 “Promotion” refers to act of furtherance of the acceptance, growth or development and sale of merchandise through advertising, publicity, discounting or any activity of the same nature. 4.26 “Public Market” refers to any space, building or structure of any kind, owned and/or operated by the local government of Olongapo reserved, designed or constructed for the purpose of providing space and/or stalls where goods of any kind and description and services may be sold. 4.27 “Regular Stall Lessees” refers to natural/judicial persons in whose favor a duly executed contract of lease is given by the City over the stall situated inside any market building. 4.28 “Retail” refers to a sale where the purchaser buys the commodity for his own consumption irrespective of the quantity of the commodity bought. 4.29 “Special occasions” refers to a particular time of the year where the volumes of sales or products for sale are expected to increase. These shall include but are not limited to the following: City Fiesta

from December 1-30

School Opening

2 weeks before school opening and 2 weeks thereafter

All Saints Day

October 29 to Nov 1

Christmas Season

November 2 to 7th day of January

4.30 “Special Permit” refers to one time fees charged to delivery vehicles used only for a particular occasion in hauling goods to or from Olongapo City Public Market and is good only for the date it was issued. 4.31 “Stalls” refers to a space or area for the sale of goods in the market. 4.32 “Sub-Lease Agreement refers to an agreement whether verbal or written, entered into by and between a lessee and any third person having as its subject matter the possession and occupancy of any stall or market space within any stall or market space (which is publicly owned) and belonging to or administered or operated by the City the possession and occupancy of which have been previously granted by the City unto the said lessee. 4.33 “Tax” refers to an assessment or imposition, usually monetary in form, levied by the law making body on persons and property subject to its jurisdiction for the purpose of supporting government expenditures. 4.34 “Terminal” refers to an area in the City Public market where passengers are assembled or dispersed. 4.35 “Wholesale” refers to a sale where the purchaser buys or imports the commodities for resale to persons other than the end user regardless of the quantity of the transaction. TITLE II – ENUMERATION OF EXISTING PUBLIC MARKETS AND THEIR LOCATION. SECTION 5. EXISTING PUBLIC MARKETS – The following shall be declared and formed part of the City Public Market, to wit:

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -55.1 Olongapo City Public Market – situated at Rizal Avenue, East Bajac-Bajac, Olongapo City including any present or future structures that the City Government constructed or may construct. 5.2 James L. Gordon Avenue Market and Mall – situated at Gordon Avenue, Brgy. Pagasa, Olongapo City. 5.3 Other area/s which in the future be declared by the City as part of the Olongapo City Public Market. SECTION 6. 6.1

SECTIONING AT THE OLONGAPO CITY PUBLIC MARKET

Bagsakan – is the market section which sells fruits and vegetable in wholesale.

6.2 Expansion Section – is the market extension which sells fruits vegetable and other goods in retail. 6.3

Coconut Section – is the market section which sells coconut in all forms.

6.4 Commercial Section – is the market’s high end section either frontage or inner where a larger area of stall is required by stallholders. This section includes establishments which falls under but not limited to the dry goods and variety section. 6.5

Consignacion Section – is the market section where fish are consigned for sales.

6.6 Dry Goods Section – is the market section which sells all kinds of textiles, ready-made dresses and apparels, toiletries, novelties, footwear, kitchenware, utensils and other household articles, handbags, school and office supplies, agricultural supplies, hardware, and electronic equipments. 6.7 Fish Section - is the market section which sells fish, clams, oysters, crabs, lobsters, shrimps seaweed’s and other marine products. 6.8

Flower Shop Section – is the market section where varieties of flowers are sold.

6.9 Food Court Section – is the market section either stall or kiosk which serves all kinds of cooked foods, including refreshments, coffee, and other non-alcoholic beverages. 6.10 Fruit Section – is the market section which sells all kinds of fruits. 6.11 Meat Section – is the market section which sells all kinds of meats including processed meat and poultry products. 6.12 Native Delicacies Section – is the market section which sells all kinds of native delicacies. 6.13 Processed Fish Section – is the market section which sells processed fish and other marine products. 6.14 Grocery Section – is the market section which sells canned goods, confectionery products, preserved foods and all kinds of grocery items except those sold at the dry goods section.

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -66.15 Vegetable Section – is the market section which sells all kinds of vegetables and root crops. SECTION 7. POTENTIALS.

STRATIFICATION

OF

STALLS

ACCORDING

TO

SALES

7.1 Primary Sales Area Stalls (Frontage Section and Middle Road)- are those which area immediately facing a busy thoroughfare and those that are along the entrance and exit areas of the market where the merchandise sold thereat are immediately exposed to the buying public. 7.2 Secondary Sales Area Stalls – are those which are next in line to the primary sales area stalls where the merchandise are not immediately exposed to the buying public. 7.3 Socialized Sales Area Stalls – are those located in open space outside the market building and are usually intended for temporary ambulant vending and declared as such by the authority. TITLE III – MARKET MANAGEMENT AND REVENUE OPERATION SECTION 8. “MARKET AUTHORITY” 8.1 Creation – to attain the objectives enunciated by this Code, there is hereby created a body which shall henceforth be referred to as “Market Authority.” 8.2

Functions and Duties a) Heads and settles grievances arising out of market operations. b) Determines and recommends to the Sangguniang Panlungsod market rates and fees at levels in order to render market operation economically viable.

8.3

Composition – the “Market Authority” shall be composed of the following: a) City Mayor or his authorized representative (i.e. Market Administrator) b) SP Chairman on Committee on Market and Slaughterhouse c) City Planning and Development Officer d) City Budget Officer e) City Treasurer f) City Business Permit (Franchising) and Licensing Officer (BPLO) g) City Health Officer (CHO) h) Public Safety Officer (Market Security Officer) i)

City Legal Officer

j)

President or duly authorized representative of the stall holders association

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -78.4 Meeting - the “Market Authority” shall have its regular meeting every first (1 st) Tuesday of the month. However, the City Mayor or his authorized representative may call a special meeting, anytime for the purpose of taking up specific matters upon request of any of its member. Fifty percent (50%) plus one (1) of the members shall constitute a quorum. 8.5 Administrative Support – from the list of members of the Market Authority, there shall be elected as secretary to the market authority. The secretary shall notify the members of the scheduled meetings, shall document proceedings and shall perform such other task as may be assigned by the Market Authority. 8.6 Authority to the Mayor – the City Mayor can enter into any contracts or agreements with third parties to display products & signages/tarpaulins or to showcase commercial activities within the City Public Markets for limited periods for specific fees as payment; SECTION 9. ADMINISTRATIVE SUPERVISION AND CONTROL – The Market Administrator shall have administrative supervision and control of the market operation and as such shall. 1. Submits plans and programs for better market management operation to the “Market Authority;” 2. Implements such plans and programs approved by the “Market Authority;” 3. Submits to the “Market Authority” Annual Budget Proposal; 4. Exercises immediate supervision overall market personnel; 5. Enforces ordinances and resolutions set forth by the SP, policies, rules and regulations for market operations approved by the “Market Authority;” 6. Primarily responsible for the maintenance and upkeep of the public market and premises; 7. Prepares and/or approves strategic development and action plans to insure that markets are fully developed and truly serving the general public; 8. Recommends rules and regulations for the implementation of the Market Code; 9. Formulates internal policies, rules and guidelines for market operation and administration; 10. Conducts periodic review of market operations; 11. Coordinates with the Budget Officer in the preparation of the budget for the markets; 12. Endorses to the Market Authority for adjudication specific market stalls to qualified parties upon approval of the Market Authority 13. Endorses to the Market Authority for closure or cancellation of lease of specific of lease of specific delinquent market stalls and/or violations of the Market Code

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -8TITLE IV – MARKETSTALL/SPACE MANAGEMENT

SECTION 10. CITY TO HAVE SOLE POWER TO ESTABLISH AND MAINTAINNo person other than the City of Olongapo shall establish, keep or maintain or permit to be established kept or maintained within the corporation limits of the City, a public market of any kind. All lease and rents shall be the sole power of the City of Olongapo. SECTION 11. LOCATION AND EXTENT, BAZAARS, FAIRS, ETC.- This section shall apply to such public markets as the City Council, may from time to time, designate, to be under the control of the Market Authority, and to bazaars, fairs, booths, stands, etc., permitted on special occasions to be erected in public thoroughfares or places, or on vacant lands, which have not been designated as public markets by the City Council. SECTION 12. LIGHT, VENTILATION, DRAINAGE, PAVING, ETC.- Every public market shall be adequately lighten and ventilated, the ground surfaces shall be property drained and paved, and all stands, stalls and market fixtures shall be constructed in such manner as the City Engineer and the City Mayor may approve. SECTION 13. TOOLS AND EQUIPMENT- The market shall be provided with all the necessary tools and equipment for the cleaning and flushing of the floor drainage and toilets, as well as for the extinctions of fire. These tools and equipment shall be under the custody of the Market Administration who shall keep them always clean and ready for use. SECTION 14. NUMBERING OF STALLS- Each permanent stall, stand or allotted space for the use of vendors in the markets shall be given a number. SECTION 15. CONTROL BY THE CITY TREASURER - The Market Authority shall have full financial control under the direction of the City Treasurer, and the Market Authority for the administration of all public markets in the city, the City Mayor shall detail for duty in such public markets the necessary persons, who shall enforce all ordinances, rules and regulations in all matters connected with the public markets. All persons are required to obey the directions of the administrator of the Market, as authorized representative in all such matters of administration. SECTION 16. RULES AND REGULATIONS, POSTING OF The Market Administrator shall post in each public market, in English or Tagalog, all rules and regulations approved by the Market Authority and the City Council relating to the administration, sanitation, and good order of such market. Such rules and regulations shall set forth the manner of assignment, privileges to be granted to stallholders, tariff rate for rent of stalls, and such other rules and regulations as shall be deemed necessary. SECTION 17. RATES FOR STALLS, ETC.– The City Council shall from time to time, determine the rates to be paid by the day for the use of all stalls, stands, or allotted space in each public market. An Annual Contract of Lease shall be executed between the City Government of Olongapo and each stallholder.

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -9-

SECTION 18. MARKET HOURS– Use of stall as living room and sleeping quarters prohibited. – The public markets shall be opened, for the sale of articles permitted for sale, therein from five o’clock antemeridian until eight o’clock postmeridian, every day during the year, except on the eve and day of the city fiesta, eve of Christmas, on New Year and on the preceding day when the market shall be opened until 10:00 P.M. The use of any stall or place in the market as living room and sleeping quarter or for other purposes is strictly prohibited and no vendor or stall holder shall remain inside the market building after the same had been closed. SECTION 19. MANNER OF EXPOSING MERCHANDISE AND CONTAINERS– All provisions and other articles offered for sale in market shall be so arranged that the floor, stands, stalls, and other places for exposing them can be easily and perfectly cleaned; protected against all kinds of insects and vermin; and placed in the manner the market administrator or his authorized representative may direct. Any container for merchandise shall be of such size, class, and condition as shall be suitable for the purpose for which it is used. SECTION 20. SALE – WHAT CONSTITUTE EXPOSURE– Whenever any article shall be exhibited in any public market, as if the same were intended for sale, whether sold or not, or directly offered for sale or not, such exhibition shall be held to be an exposure of the same for sale and an offer to sell within the meaning of this chapter. SECTION 21. ASSIGNMENT OF VENDORS– Vendors shall be assigned to sections, according to the nature of the articles intended for sale. Any attempt to occupy any stall for any purpose other than that for which he was specifically assigned shall render void any privilege granted the vendor involved. SECTION 22. ALTERATION OF STALLS AND FIXTURES– No persons shall alter, disfigure, and or change the structure of any stall or market fixture without the written permission from the market administrator. SECTION 23. ASSIGNMENT TO ALLOTTED SPACE NECESSARY– No person shall sell, offer for sale, or expose for sale any article or articles in any public market, without first having been assigned to such place or stall by the Market Authority authorized to make such assignment. Initial Lease period shall be Five (5) years with annual Lease Contract executed subject to notice for violations of regulations. SECTION 24. WHERE TO PLACE REFUSE– Stall holders shall no place refuse on the floor, stall or any place other than in the garbage cans provided for the purpose. SECTION 25. HEALTH OF VENDORS AND EMPLOYEES– No person known to be affected with any reportable or communicable disease shall be permitted to engage in business in any public market, or be employed therein in any capacity. All vendors and employees shall undergo semi-annual health check-ups with certification of such. SECTION 26. SHANTIES AND STRUCTURE– No shanty or structure in the nature of an independent room shall be permitted in or about the public market other than the building authorized for offices of employees or other city purposes.

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -10-

SECTION 27. PEDDLING AND HAWKING - No person shall peddle, hawk, sell or offer for sell, or expose for sale any article in the passage way or aisles used by purchasers in any public market. SECTION 28. LOAFING, LOITERING, AND BEGGING - No person not having lawful business in or about any public market, shall idly sit, lounge, walk, or lie in or about any public market, nor shall any person, beg solicit alms or take up subscription in or about any public market. SECTION 29. OBSTRUCTION OF EMPLOYEE - No person shall resist or obstruct employees of the City Government in the execution of their duties for administration, maintenance or discipline. SECTION 30. RESPONSIBILITY FOR STALLHOLDERS LEASES The city shall not be responsible to stall holders for any losses or damages which said stallholders may incur in public markets by reason of fire, theft, or other cause and any merchandise or property left in the public markets during the hours the public markets are closed. These shall be at the risk of the stallholder. It shall be the duty of the employees of the public markets to exercise reasonable care to prevent loss of private and public property in any public market. They are authorized to apprehend and turn over to the police any person caught stealing in the public market. SECTION 31. ON THE ADJUDICATION OF VACANT MARKET STALL OR BOOTHS TO APPLICANTS AND REGULATIONS THEREOF 1. Vacancy of stall/booths; adjudication to applicants – Vacant market stalls/booths shall be adjudicated to qualified applicants in the following manner: a. Notice of vacancy or newly constructed stalls or booths shall be made for a period of not less than ten (10) days immediately preceding the dated fixed for their award to qualified applicants to appraise 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. This notice of vacancy shall be written on cardboard, thick paper, or any other suitable material and shall be in the following form. NOTICE Notice is hereby given that Stall No. ____, Block ____ of the Olongapo City Public Market is vacant (or will be vacated on ______________________, 20_____). Any person, 21 years of age or more and is not legally incapacitated, desiring to lease this stall/booth shall file application therefor on the prescribed form (copies may be obtained from the Office of the City Treasurer during office hours on/or before 12:00 o’clock noon of _________________20____). In case there are more than one applicant, the award of the lease of the vacant stall/booth shall be determined thru drawing of lots to be conducted on ______________, 20_____at 12:00 noon at the Office of the City Treasurer by the Market Committee. This stall/booth is found in the _______ Section and is intended for the sale of _________________________________.

______________________________ City Treasurer

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -11b. The application shall be under oath. It shall be submitted to the Office of the City Treasurer concerned by the applicant either in person or through his or her Attorney. c. It shall be the duty of the City Treasurer to keep a register book showing the names and addresses of all applicants for vacant stalls/booths, the number and description of the booth/stall applied for by them and the date and hour of the receipts by the treasurer of such application. It shall also be the duty of the treasurer to acknowledge receipt of the application setting forth therein the time and date of receipt thereof. The application shall be substantially in the following form:

APPLICATION TO LEASE MARKET STALL/BOOTH The City Mayor Olongapo City Sir: I hereby apply under the following contract for the lease of market stall/booth no. _______of the ____________________ Market. I am _______ years of age, _________citizen, residing at ____________________________________________________________________. Should the above-mentioned stall/booth be leased to me in accordance with the market rules and accordance with the rules and regulations, I promise to hold the same under the following conditions: 1.

2.

That while I am occupying or leasing this stall/booth (or these stalls/booths), I shall at all times have my picture conveniently framed and hung up conspicuously in the stall/booth. I shall keep the stall/booth (or stalls/booths) at all times in good sanitary condition and comply strictly with all sanitary and market rules and regulations now existing or which may hereafter be promulgated.

3. I shall pay the corresponding rent for the stall/booth (or stalls/booths) or the fees for the stall/booth (or stalls/booths) in the manner prescribed by existing ordinances, rules and regulations. 4. The business to be conducted in the stall/booth (or stalls/booths) shall belong exclusively to me. 5. I shall personally conduct my business and be present at the stall/booth (or stalls/booths). I shall promptly notify the market authorities of my absence, giving my reason’s therefor. 6. I shall not sell or transfer my privilege to the stall/booth (stalls/booths) or otherwise permit another person to conduct business therein. 7. Any violation on my part of the foregoing conditions shall be sufficient cause for market authorities to cancel this contract.

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -12-

Very respectfully,

Affiant

I, _________________________________________, do hereby state that I am the person who signed the foregoing application: that I have read the same and that the contents thereof are true to the best of my own knowledge. _____________________ Applicant SUBSCRIBED AND SWORN to before me in the City of _________________________, Philippines, this _________ day of _______________, 2017. Applicant-affiant exhibiting to me his/her Res. Cert. No. ____________________ issued on ______________________ at ___________________________________________ Philippines. _______________________ Official Title

(d) Applicants who are Filipino citizens shall have preference in the lease of public market stalls. If on the last day set for filing applications, there is no application from a Filipino citizen, the posting of the Notice of Vacancy prescribed above shall be repeated for another ten-day period. If after the expiration of that period there is still no Filipino applicant, the stall affected may be leased to any alien applicant who filed his application first. If there are several alien applicants, the adjudication of the stall shall be made thru drawing lots to be conducted by the Market Committee. In case there is only one Filipino applicant, the stall or booth applied for shall be adjudicated to him. If there are several Filipino applicants for the same stall, adjudication of the stall shall be made thru drawing of lots to be conducted by the Market Authority on the date and hour specified in the Notice. The result of the drawing of lots shall be reported immediately by the Authority to the City Treasurer concerned for appropriate action. (e) The successful applicant shall furnish the city treasurer two copies of his or her picture immediately after the award to the lease. It shall be the duty of the treasurer to affix one copy of the picture to the application and the other copy to the record card kept for that purpose. Initial Lease Period shall be Five (5) years with Annual renewable Lease Contract upon approval of the Market Code. (f) Stalls/space vacancy, adjudication, occupancy, award and obligation of the lessee – 1.

Qualifications of applicants: A. Preferably a resident and/or a registered voter in Olongapo City (for individual); B. Must be duly registered partnerships, and the like);

organization

(for corporations,

C. Must be of 21 years old and above (for individual applicant);

cooperatives,

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -13D. Must be a taxpayer in good standing (credit investigation required specifically in RPT and business tax); E. Must have no record of violation of previous and current Market Code. (for renewal applicant); F. Must have the capacity and willingness to pay; G. Must be of good moral character as certified by the barangay; A duly qualified stall holder can avail a maximum of two (2) stall 2. Vacancy of stall before expiration of the lease - Should for any reason, a stallholder or lessee discontinues or be required to discontinue his business before his lease of the stall expires, such stall shall be considered vacant and its occupancy thereafter shall be disposed of in the manner herein prescribed. 3. Stall/Space Vacancy – a market stall/space is deemed vacant under any of the following circumstances; a. When it is newly constructed and has not been subject to lease agreement; b. When it is declared vacant by the “Market Authority thru Market Administrator” for the following reasons/causes, such as: b1. Abandoned by the lessee. b2. Proven violation of the terms and conditions of the contract of lease. c. Death of Lessee – when the immediate heirs refused to continue the lease agreement. In case of death of the Lessee, his/her heirs must report the said death within 30 days after occurrence of the same. Otherwise, the Market Authority may declare the Stall/Space vacant. d. Voluntary surrender. e. Expiration of Contract. 4. Adjudication and Occupancy – stall/space adjudication and right of occupancy shall be determined by the “Market Authority”. 5. Manner of Adjudication - a notice of stall/space vacancy shall be posted for ten (10) consecutive days in a conspicuous place in the market premises. The notice shall contain the area of the vacant stall/space section at the public market. It shall contain information that will afford contract, date, time and place of the raffle. 6. Award – the “Market Authority” shall award to the winning qualified applicant the contract of lease over the market stall/space subject to the final action in a protest, if there’s any. Any applicant who feels aggrieved by the decision of the “Market Authority” shall, within 5 days from the date of publication of the winning qualified applicant, file his/her protest. The Authority, in accordance with its procedure shall decide said protests within 15 days from actual receipt thereof.

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -14-

Only a maximum of two (2) stalls/spaces shall be awarded to every qualified applicant. Lessees shall manage the stall/space themselves or any authorized relative subject to Market Authority’s approval and shall not sublease or allow proxies to manage the same. 7. Partnership with stallholder- A market stallholder who enters into business partnership with any party after he had acquired the right to lease such stall have no authority to transfer to his partner or partners the right to occupy the stall. Provided, however, that in case of death or any legal disability of such stallholder to continue in his business, the surviving partner may be authorized to continue occupying the stall for a period of not exceeding Sixty (60) days within which to wind up the business of the partnership. If the surviving partner is otherwise, qualified to occupy a market stall under the provisions hereof, and the spouse, parent, son, daughter or relative within the third degree by consanguinity or affinity of the deceased is not applying for the stall, he shall be given the preference to continue occupying the stall or booth concerned, if he applied thereof. 8. Lease to personally administer his stall - Any person, who has been awarded the right to lease a market stall in accordance with the provisions hereof, shall occupy, administer, and be present personally at his stall or stalls, booth or booths; Provided, however, that he may employ helpers who must be citizens of the Philippines, including but not limited to the spouse, parents and children of the stallholders who are actually living with him and who are not disqualified under the provisions hereof; and provided, further, that the persons to be employed as helpers shall under no circumstances, be persons with whom the stallholder has any commercial relation or transaction. 9. Dummies, sub-lease of stalls - In any case where the person registered to be the holder or lessee of a stall or stalls, booth or booths, in the public market is found to be not the person who is actually occupying said stall or stalls booth or booths, the lease of said stall shall be cancelled, if upon investigation such stallholder shall be found to have sub-leased his or her stall or stalls, booth or booths, to another person or to have connived with such person so that the other person may, for any reason, be able to occupy the said stall or stalls or booth or booths. 10. Appeals - Any applicant who is not satisfied with the adjudication made by the Market Authority of the stall applied for by him, may file an appeal there from, thru the City Mayor who may submit such comment and recommendation as he may desire to make on the matter. The decision of the City Mayor in such cases shall be final. 11. Market Authority - There is hereby created in the city a Market Authority, whose duty it shall be to conduct the drawing of lots and opening of bids in connection with the adjudication of vacant or newly constructed stalls or booths in the city market and to certify to the City Treasurer, as the case may be, the results thereof. 12. Transfer of personnel, property, funds, etc. to the Market Authority -In any case where the public market, owned and operated by the local government and the personnel thereof, including those whose duties concern the maintenance and upkeep of the market premises, are not under the direct and immediate supervision, administration, and control of the Market Authority, the Local Chief Executive concerned shall, within thirty (30) days from the date of issuance of this circular, take the necessary steps to transfer to the Market Authority such supervision, administration and control over the public market and all personnel, properties, appropriations, etc., pertaining thereto.

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -15TITLE V - RENTALS AND FEES SECTION 32. PAYMENT OF RENTALS OR FEES NECESSARY- Any person or entity desiring to establish any business or occupy any place therein shall pay the corresponding market fees or rentals as herein provided. It shall be unlawful for any seller or tendera to occupy any space in the markets in excess of what has actually been paid for or rented by him as allowed by his cash tickets or receipts. SECTION 33. PAYMENT OF FEES FOR STALLS TEMPORARILY CLOSEDStallholders paying market fees by the day who for some reason or another have to close temporarily their stalls for a certain number of days, should notify the Market Administrator in writing stating the number of days and inclusive dates on which their stalls will remain closed; in which case the corresponding fees for the number of days they intend to be out of business shall be paid in advance. If upon the expiration of three days from the last day for which fees have been paid, the stall holders do not notify the City Treasurer or Market Administrator their intention to continue occupying their stalls and fail to pay the fees due thereon, their stalls will be considered vacated and will be available for lease in accordance with the regulations herein provided. SECTION 34. PENALTY– Any person who may be found occupying or using space in the public markets without having been first provided with the necessary contract as herein required shall be subject to the payment of market penalty fees equivalent to twice as much as the regular rate for the space occupied. Those occupying more space than what is allowed by their rent shall also pay double the regular rate for the extra space occupied. Vendors occupying numbered stalls or semipermanent nature (puesto-fijo) may be allowed to buy their cash tickets on or before the said hour will subject them to the payment of an additional fee of 50% of their regular daily market fees. As long as said vendors do not vacate their places or do not surrender them to the market collector, they shall be subject to the payment of their daily market fees although their stores are closed. SECTION 35. RENTALS OF FIXED STALLS– The following rentals shall be collected from each of the following stalls in the public market: P50 - P60 – P70 –for stalls (Refer to Section 40 – Market Fees and Charges) P50 - P100 for vendors along streets of Public Markets SECTION 36. OBLIGATION OF THE LESSEE – 1. The stall lessee shall pay the City Government necessary fees indicated in the next succeeding provisions. 2. The lessee shall strictly comply with existing ordinances of the City and all the rules and regulations pertaining thereto; and to the terms and conditions stated in the market lease contract he or she signed. 3. The lessee shall have the obligation to place her goods/merchandise in his/her stall. 4. The lessee shall pay the rental fee to the Revenue Collector at the Office of the City Market Administration or at the Payment Center with the following schedule: a. For monthly b. For weekly -

c. For daily

-

5th day of the current monthly; 1-7 on or before 7th day, 8-15 on or before 15th day, 16-22 on or before 22nd day, 23- on or before the last day of the month; Monday to Sunday, shall be fully paid on or before the last day of the month

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -16-

5. The lessee shall not convey, transfer or sub-lease the stall to any person, natural or juridical, except by legal succession provided immediate heir has no existing award. Market Authority shall have the power to automatically revoke Certificate of Awards found to be subject of conveyance, transfer or sub-lease contract. 6. The failure of the lessee to pay the monthly rental fee after the three (3) months grace period shall cause the cancellation of this award and closure of the leased premises. Three notices shall be send within the three (3) months grace period of 15 days interval starting from the time they receive the demand letter. That any lessee who is found to have violated these terms and conditions and ordinances pertaining thereto shall cause the cancellation of this award.

SECTION 37. CONTRACT 37.1 The Market Authority shall recommend to the Mayor the contents of the contract or any changes thereafter. The terms of contract of lease shall be for a period of one (1) year renewable under such terms and conditions as the Market Authority may determine. Initial lease period under this Market Code shall be FIVE (5) YEARS with five renewable annual contracts. 37.2 Any person who has been awarded the right to lease a market stall shall actively run and be present at his/her stall, otherwise his/her space shall be considered abandoned or sub-leased. Under no circumstances shall sub-leasing be allowed. 37.3 Stall holders/space occupants shall not be allowed to display and sell their merchandise beyond the limits of their stalls and along aisles. 37.4 Any stall/space which become idle shall be declared vacant unless otherwise decided by the Market Authority and shall be subject to cancellation of permit, closure, and confiscation of awarded stall. SECTION 38. SECURITY 38.1 It shall be the duty of the security unit to exercise utmost vigilance and care to prevent any loss and damage and shall have the authority to apprehend and turn over to the police any person caught stealing or committing any offense in the public market. In the event that the security guard/s was/were found to be negligent in the performance of his duties and functions an administrative case shall be filed against him/them. However the city shall not be responsible for any loss or damage that stallholders may incur in the Public Market by reasons of fire, theft or robbery or force majeure. Any merchandise, goods, wares or commodities left in the market during closing time shall be at the risk of stall holders. 38.2 It shall be the responsibility of Market Security to implement: a. b. c. d. e.

City Ordinances Market Code provisions Market policies Apprehend illegal vendors Confiscate illegal goods being sold

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -17-

38.3 To conduct regular roving inspection in all areas of the Public Market and monitor suspicious persons to prevent any untoward incident and criminal activities to happen. 38.4 To monitor and accounts, all government properties, equipment and other materials that is prone to thieves. 38.5 To receive all reports, complaints and conduct initial investigation and inform the Market Administrator and PSO Command Post for assistance needed. 38.6 To report any observations and concerns for appropriate action to concerned offices (i.e uncollected garbage, damage to property and other matters administrative nature) 38.7 To provide assistance and security to all VIP’s and visitors, and other staff of Market Authority. 38.8 To conduct announcement regarding upcoming activities/events and other concerns for information and dissemination at public market. 38.9 To enforce traffic laws and maintain smooth flow of traffic in all roads surrounding Public Market and to apprehend any person violating Traffic Laws through the Office of the Traffic Management and Public Safety (OTMPS). 38.10 To conduct security survey and prepare security plan for traffic management, major activities/events at Public Market through the OTMPS & CSSU. 38.11 For security reasons the market hours shall be from 4:00 a.m. to 10:00 p.m. except fish, meat, consignacion and vegetable section, which is from 2:00 a.m. to 10:00 p.m. However, one day before and after, and during holidays the same shall be open for 24 hours to accommodate the buying public.

SECTION 39. CLEANLINESS AND SANITATION 39.1 All stallholders/space occupants shall be responsible for the cleanliness and sanitation of the area immediately surrounding and including one half of the passage ways and aisles of their stall/space. They should provide covered garbage receptacles, brooms and dust pans.

39.2 All stallholders/space occupants shall be responsible for the removal of coolers or any container used for storage during cleaning hours. For purpose of sanitation maintenance for chicken, meat and fish section, only one (1) cooler or container used for storage of their goods shall be allowed at any given time. SECTION 40. MARKET FEES AND CHARGES: 40.1 Stall Rentals/Fee – there shall be collected rentals/fees in the amount provided below:

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -18OLONGAPO CITY PUBLIC MARKET (EBB MARKET) monthly rental rates

No.

Section

1

Dry Goods Regular Front Corner Front Inside Corner Groceries Regular Front Corner Front Inside Corner Fruits and Vegetables-G Regular Inside Corner Fruits and Vegetables-I Regular Front Corner Front Inside Corner Eggs and Dried Fish Regular Inside Corner Carinderia Regular Front Corner Front Fowls Regular Inside Corner Fish Regular Front Corner Front Inside Corner Rice Regular Front Corner

2

3

4

5

6

7

8

9

Sizes of Stalls (Based on City Ord. No. 5, Series of 1981

Present Rate

Proposed New Monthly Rate

Daily

Monthly

Daily

Monthly

4 sq. m.

17 20 19 18

500.5 600.25 575.75 547.75

50 70 70 60

1,500 2,100 2,100 1,800

4 sq. m.

17 20 19 37

500.5 600.25 575.75 1100.75

50 70 70 60

1,500 2,100 2,100 1,800

1.5 sq. m

10 10

286 314.5

50 60

1,500 1,800

1.5 sq.m.

10 17 16 16

286 513.75 492.75 471.75

50 70 70 60

1,500 2,100 2,100 1,800

1 sq. m.

17 18

499.785 549.88

50 60

1,500 1,800

4 sq. m.

33 40 73

1,001.00 1200.5 2201.5

50 70 70

1,500 2,100 2,100

1 sq. m.

10 10

286 314.5

50 60

1,500 1,800

1 sq. m.

10 11 11 10

286 342.5 329 314.5

50 70 70 60

1,500 2,100 2,100 1,800

4 sq. m.

17 18

500.5 547.75

50 70

1,500 2,100

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -19-

10

11

Front Inside Corner Meat Regular Front Corner Front Inside Corner News Stand Regular Front Corner

20 19

610.25 575.75

70 60

2,100 1,800

1.5 sq. m.

14 16 16 15

408.98 489.775 470.47 449.735

50 70 70 60

1,500 2,100 2,100 1,800

1 sq. m.

8 10

250.25 300.125

50 70

1,500 2,100

JAMES L. GORDON AVENUE MARKET AND MALL (Pag-asa Market) monthly rental rates Section

Current Rate

First Increase (Standard)

Present Rate Daily Monthly DRY SECTION a. Regular b. Inside Corner c. Front d. Front Corner e. Tailoring/Patahian f. Carving a. Regular b. Corners (front of Gordon Avenue) WET SECTION a. Regular b. Inside Corner c. Front & Corner d. Front (Gordon Ave & Murphy St) OTHERS Stairways a. Regular b. Lotto Outlet Dryer a. Regular

25.00 25.00 25.00 25.00

750 750 750 750

17.00

Proposed New Rate Daily Monthly

500

50 50 50 50 60 60 50

1500 1500 1500 1500 1800 1800 1500

17.00

500

50

1500

10.00 10.00 10.00 10.00

300 300 300 300

40 40 40 40

1200 1200 1200 1200

67.00 200.00

2000 6000

Php8,000.00

8000

5000 9000 -

8000

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -20Converted Stockroom a. 4.7 sq.m. b. 4.99 sq.m. c. 11 sq.m. CARINDERIA a. Regular (Food court) 2nd Floor Offices a. Medical Clinics b. L.T.O Insurance c. Carinderia/ Food Stall

Php3,760.00 Php3,920.00 Php8,000.00

3760 3920 8000

250

3760 3920 7500

100.00

3000

200

6,000

167.00

5000

650 per sq.m. 200 6000 167 5000

40.2 Automatic escalation – There shall be a rental rate increase by 10% every three (3) years beginning from the approval of this ordinance. 40.3 Discount – Stallholders with updated accounts and who shall pay for the whole year in advance one month before at the Payment Center shall receive at least 5% discount (no delinquency policy). 40.4 Delay – Failure to pay the stall rental on or before the dates specified in 10.6.4, shall subject the taxpayer to a 25% penalty per month. 40.5 Entrance Fee - All goods, merchandise and other products entering the market premises shall be subject to payment of entrance fee at the rate of ½ of 1% of the estimated amount of load or according to the rate below cited whichever is higher; NO PAY NO ENTRY shall be strictly implemented.

Minimum (half load)

Maximum (full load)

1. On Fruits & Vegetables Amount will be based on the l load capacity

a. Tricycle b. Jeep/ Jeep (XLT) Net capacity of 1250 with top load with extension

50.00 150.00 Additional Additional

250.00 50.00 50.00

150.00 300.00 additional

250.00 400.00 100.00

c. Elf 4 wheels 6 wheels With extension

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -21Minimum (half load) d.

Maximum (full load)

Closed Van 4 wheels 6 wheels More than 6 wheels

2. On Frozen, Grocery and Variety Products

250.00 300.00 1,000.00

400.00 700.00 1,000.00

300.00

500.00

3. On Rice 4 wheels 6 wheels

300.00 400.00

500.00 700.00

4. Tobacco Bicycle/Tri-bike Motor / Tricycle 4 wheels 6 wheels

100.00 200.00 250.00 500.00

200.00 400.00 500.00 700.00

5. Liquor 4 wheels 6 wheels

300.00 500.00

400.00 700.00

6. Consignacion ½ of 1% of total gross sales on fish delivered 40.6 Pay Parking Fees Frontage 4 wheels only

Single motor Tricycle/4 wheels only 40.7 f.

P10.00 for first 2 hours, 10.00 for succeeding hour P5.00 for 2 hours P10.00 for first 2 hours

On ambulant vendors – Those selling ice candy, taho, mais, peanuts and the like shall pay market fees in the amount of P30.00 per day; while those selling finger foods, fish balls and the like outside of market building shall pay P100.00 per day (as per 2017 Revenue Code). Only those who have complied with the following requirements shall be allowed to sell their commodities within the market premises and streets surrounding the market. a.1 a.2 a.3 a.4

prior authorization from Market Administrator identification card issued by the Market Security ambulant permits from the City Treasurer and paid their daily dues as levied by the City

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -22-

b. On special events/night markets, vendors shall pay the amount of three hundred (300) Pesos per stall per day. For November night market the amount shall be the same as that of the regular bargain day. c. On regular bargain days conducted every year, vendors shall pay the amount of two hundred fifty pesos (250) per stall per day and shall be allowed to sell their commodities until 10:00 pm only. d. Special Delivery Permit (Annual Fixed Tax) - P250.00 only for special delivery and is valid only on the day it was issued.

40.8

Space Advertisement Fee

a. Every advertiser or advertising agent, person on whose behalf the advertisement purports to be or the agent of such person who erects, exhibits, fixes or retains upon or over any land, building, wall, boarding, frame, post, kiosk, structure, vehicle, neon-sign or skysign any advertisement, or displays any advertisement to public view in any manner whatsoever (including any advertisement exhibited by means of cinematograph), within the Olongapo City Public Market area, shall pay for every advertisement, which is so erected, exhibited, fixed or retained or so displayed to public view, a fee as follows subject to computation by the Market Authority:

Advertisement with a Maximum area of 3 sq.m. Advertisement with More than 3 sq.m.

Three Hundred Three Pesos (P303) day Twenty Thousand Pesos (P20,000.00)/mo

b. Every advertiser shall handle the setting-up and dismantling of all materials, including manpower. Installations of all materials will be done in compliance with rules and regulations set by the Market Authority. After the period allowed, the default design of the City’s property shall be restored to its original state. c. After dismantling, all used/expired advertisement materials shall be the property of the City Government of Olongapo and therefore can be disposed off or installed in areas deemed necessary by the market authority. d. Prescribed area (per 3 sq.m) Oval From Dry Goods to Access Road or North Section From Access Road to Food Court or West Section From Fish to Dry Goods East Section From New Road Entrance to Exit or South Section Bagsakan/Expansion West Side

P5,000.00 P5,000.00 P2,500.00 P3,000.00 P2,500.00 P2,000.00

e. The minimum period of advertisement shall be three (3) months and may be renewed for another three (3) months.

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -2340.9

Promotions

a. Every advertiser or advertising agent, person who will conduct promotion activities within the market premises shall pay a minimum rental fee of six hundred pesos (P600.00) per day or P75.00 per square meter.

b. In addition to the rental fee, electricity fee shall also be paid following this schedule: P200.00 for a minimum of 2 units of appliances (below 500 watts) Additional P100.00 per unit of appliance Promotional Signs – to the highest bidder but should not be lower than P25,000.00 per quarter 40.10 Slaughter and Corral Fees - there shall be imposed permit fee to slaughter before any animal is slaughtered for public consumption, a permit fee therefore shall be secured from the City Veterinarian or his duly authorized representative who will determine whether the animal is fit for human consumption, thru the City Treasurer upon payment of the corresponding fee as follows: (Adopt the fees on City Ordinance No. 30, Series of 2016-Meat Inspection Code of Olongapo City) Post Mortem Fee Particulars

Rate

Post Mortem Fee Large Cattle

PhP1.00/head

Hogs Poultry

1.00/head .75/head

Ante Mortem Fees Particulars Ante Mortem Fee Large Cattle Hogs Poultry

Rate PhP1.00/head 1.00/head .75/head

Animal Health Certificate and Shipping Permit Fee Particulars Animal Health Certificate Shipping Permit Fee

Rate PhP15.00/head 8.00/head

Inspection Fee for Incoming Slaughtered or Processed Meat Particulars Slaughtered Meat (Per head) Processed Meat (Per kilo)

Rate Php20.00 .50

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -24Re-inspection Fee Particulars Beef Pork Poultry

Rate Php 25.00/head 15.00/head 1.00/head

Cattle Registration Fees ………………………………………………………….Php 500.00 License Fees & Certificate 40.11 40.12 40.13 40.14

Meat Stall & Vendors Meat Handler Butcher/Cutter/Dresser Operator/Meat Traders

150.00 100.00 100.00 500.00

TITLE VI. MARKET PROHIBITIONS SECTION 41. ADMINISTRATIVE PROHIBITIONS 41.1 To loiter, loaf, beg, gamble, solicit etc. are strictly prohibited within the market premises. 41.2 To peddle, hawk or sell at the passage ways and/or aisles within the market buildings are strictly prohibited. Likewise, the articles or wares sold by the offenders shall be confiscated. 41.3 To drink alcohol or intoxicating beverages along the aisles and sidewalks are strictly prohibited. 41.4 To use any portion of the public market as habitation and/or sleeping quarter is prohibited. 41.5 To sell any article in alleys, sidewalk or in any space other than that designated for such articles are strictly prohibited. The placing of any unnecessary boxes, crates or containers or any articles which will obstruct the free passage of customer or buyers are strictly prohibited. Items found in the said areas shall be confiscated while the violators shall be apprehended and charged. 41.6 To extend stalls other than the approved space. One (1) foot extension shall be allowed to Dry Goods and Grocery Section stallholders during special occasions. 41.7 To put chairs, chopping blocks, fish basins and coolers along the aisles or passage way. 41.8 To use non-calibrated and defective weighing scale. 41.9 To provide false information especially in application form and other government documents. Stall holders are required to update information provided. 41.10

Unauthorized tapping of electric/water connection.

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -25-

Stallholders/Space occupants shall be advised to remove such extension within 3 days from receipt of notice or order. Failure to comply with the order of the Market Administrator shall cause the removal of said extension, and shall be recommended for the revocation of the business permits and cancellation of the contract of lease. Any expenses incurred in the removal of said extension shall be charged to the stallholders/space occupants concerned. 41.11 For the protection of the market, selling within the declared Market Premises of articles and goods of similar nature to that being sold inside the Olongapo City Public Market is not allowed unless on official “Bargain day”, and special occasions such as City Fiesta and Christmas Season provided that the seller secures a permit with the City Government of Olongapo. 41.12 To buy, sell, distribute or use contrabands or any other illegal or unlawful goods on the market premises or use the leased stall for these activities. Neither shall the LESSEE store or cause the storage of any inflammable or explosive materials. TITLE VII. VENDORS AND CARRIERS IN OLONGAPO CITY PUBLIC MARKETS SECTION 42. VENDORS ASSOCIATION AND COOPERATIVES 42.1 The city recognizes the need of the vendors to form their own association/cooperatives that will enable them to rationalize and integrate their diverse interests and serve as a forum for the market management to interact to in solving operational problems and to foster a more functional relationship in the administration of the public markets.

42.2 Any Association organized by any Market Unit shall abide with the rules and regulations prescribed by the new Market Code and with other supplementing instructions of the market management approved by the City Mayor. a. There shall be only one association in each market unit; b. The association shall secure a certificate of recognition from the “Market Authority” and accreditation from the Sangguniang Panlungsod. SECTION 43. PORTERS (CARGADORES) 43.1 A porter in a public market must be Filipino citizen, of good moral character, and registered as such at the Office of the Market Administrator. Each porter shall be provided with a registration certificate and I.D. cards which he shall wear conspicuously while working. TITLE VIII. SANITARY RULES AND REGULATION SECTION 44. GENERAL REGULATIONS 44.1 All persons engaged in the sale and handling of articles of foods in the public market shall be provided with health certificate valid for (1) year from the date of issue by the City Health Officer.

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -26-

44.2 All persons engaged in the handling of foods for sale in the public market shall be neat in appearance. 44.3 The use of printed papers like newspapers and the like or used papers as well as banana leave or leaves of other trees for wrapping, or covering, of any kind of foodstuff, bakery or confectionery products or other articles similar in nature is strictly prohibited, except, foods that are by nature of their cooking, needs banana leaves, e.g. suman, puto. 44.4 The sale of damaged or any spilled or stale food/s in bad state or preservation shall not be allowed in any public market. Spoiled, state or damaged food/s shall be condemned and destroyed by the health authority. 44.5 It is the responsibility of City Public Market to conduct regular pest control activity, stallholders are required to vacate or make their stall available during such activities. City Public Market will not consider or recognize any pest control done by stallholder/s or unauthorized pest practitioner. 44.6 All vendors/stallholders, one helper, each shall wear identification cards provided by the City. 44.7 All food handlers of raw, cooked or pre-cooked foods shall wear hair nets at all times. 44.8 All vendors engaged in food selling, be it ambulant or otherwise, shall secure a sanitary clearance from the city. 44.9 Proper observance of laws on sanitation is hereby incorporated in this ordinance to guarantee the safety of the public.

SECTION 45. SPECIFICATIONS 45.1 Food Court Section

a. Cooked foods being sold shall be kept free from any flies or other insects, vermin, as well as dirt. It shall be covered with a wide screen receptacle or displayed inside a showcase. b. The kitchen or cooking place of the food court should be provided with tap running water facilities for sanitizing plates, glasses, cups, dishes, forks, spoons and similar equipment. c. Any public eating places operated in the public market shall be provided with hot water facilities for sanitizing plates, glasses, cups, dishes, forks, spoons and similar equipment. d. Proper use of hairnet and handling of food as required by CHO shall be observed at all times. e. All tables, chairs and utensils assigned and owned by the lessee must be maintained and kept clean and in sanitary condition at all times.

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -2745.2 Grocery Section

a. Bread, cakes and other unwrapped food should not be handled by bare hands, tongs, forks, spoons gloves or forceps shall be provided for the handling of these articles. b. All vendors for refined sugar must be provided with screened fly-proof showcase. c. The handling of sugar should not be by bare hands but with gloves using ladle or any other device. 45.3 Chicken/Meat Section

a. All tables shall be kept clean all the times. b. All chopping blocks must be kept clean, and scalded with boiling water before use everyday. c. The meat grinders must be kept clean free from dust, rust and other contamination. d. Only meat which has been duly inspected and certified as fit for human consumption shall be allowed to enter the market section. Meat inspection certificate must be presented prior entry to the meat section. All meat deemed unfit to human consumption must be confiscated and disposed of as per existing disposal regulation. e. There must be a meat inspector to check and monitor the entry of meat products as well as prevent the entry of uninspected meats. f.

Proper use of hairnet and face mask for handling of food as required by City Health Office shall be observed at all times.

45.4 Fish Section a. The floor areas surrounding and those under the tables or stalls shall have no structures, permanent or temporary (including coolers and other containers), to facilitate the cleaning and drying of this floor space. b. Smoked fish and dried fish sold or offered for sale in market shall be displayed in screened fly-proof containers provided for the vendors. c. No raw fish shall be displayed in baskets or any container other than the stall provided for the purpose except dinaing, shrimp and squid. d. Proper use of hairnet and handling of food as required by City Health office shall be observed at all times. e. All fish scales and innards or guts must be placed in a plastic or metal container and later be disposed to the common biodegradable trash bin for recycling.

Republic of the Philippines CITY OF OLONGAPO ______________________________

Sangguniang Panlungsod Con’t. of Ordinance No. 13, Series of 2017. -28-

45.5 Vegetable and Fruit Section a. All tables or stalls used in this section must be maintained and kept clean and in sanitary condition at all times. b. The stallholder or vendor authorized to sell in this section, is only allowed to stock file or keep in the stall a quantity just enough for the capacity of the space of the stall. Any amount in excess of the capacity and the placing of unnecessary sacks, containers and other obstruction are strictly prohibited. c. Proper use of hairnet and handling of food as required by City Health Office shall be observed at all times. d. Proper disposal of vegetable discards like rotten leftovers, etc. shall always be observed. TITLE IX. GENERAL ADMINISTRATION PROVISION SECTION 46. COLLECTION – Unless otherwise specified, all taxes, fees and charges due to this city shall be collected by the City Treasurer or his duly authorized representatives. SECTION 47. ISSUANCE OF RECEIPTS – It shall be the duty of the City Treasurer or his authorized representative to issue the required official receipt to the person paying the tax, fee or charge wherein the date, amount, name of the person paying and the account for which it is paid, are shown. SECTION 48. INTEREST - Failure to pay the fee/charge described in this Code within the time required shall incur a 25% interest per month from the date it is due until it is paid, but in no case shall the total interest on the unpaid amount or a portion thereof exceed thirty six (36) months. SECTION 49. ACCOUNTING OF COLLECTIONS - Unless otherwise provided in this Code and other existing laws and ordinances, all monies collected by virtue of this Code shall be accounted for in accordance with the provisions of existing laws, rules and regulations and credited to the General Fund of the City. TITLE X. FINAL PROVISION SECTION 50. 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 Code, shall be persecuted and be penalized by a fine as follows: First Offense Second Offense Third Offense

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P 500.00 all violations P1,500.00 all violations Revocation/Cancellation of Awards/ Cancellation of business permit and closure of business