Republic of the Philippines
CITY OF PAGADIAN
Office of the City Board
ORDINANCE NO. 19
"AN ORDINANCE REGULATING, FIXING LOCATION OF, AND IMPOSING PERMIT AND LICENSE FEES ON, THE BUSINESS OF NIGHT CLUB, DANCING HALLS, CABARETS AND DANCING SCHOOLS AND PROVIDING PENALTIES FOR VIOLATION THEREOF"
BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF PAGADIAN, THAT:
SECTION 1. DEFINITIONS - For the purpose of this Ordinance, each of the following words and phrases shall be taken in the sense herein below indicated:
a. Night club shall include any place or establishment selling food or drinks to the public where entertainment is provided to customers and where customers are regularly allowed to dance, provided that no professional hostesses or dancers area allowed therein.
b. Dance Hall shall include any place or establishment where dancing is permitted to the public in consideration of the admission, entrance, or any other fee paid in, before, or after dancing, and where professional hostesses or dancers are employed.
c. Dancing School - shall include any establishment where ballroom dancing is taught and permitted to the public in consideration of an enrollment, entrance, admission, membership or any other fee.
d. Professional Hostess or Dancer shall include any person who dance with all as herein defined for a fee or remuneration paid directly or indirectly in money or other things representative of value by the operator or the person with whom he or she dances.
e. Operator shall include the owner, manager, administrator or any other person who operates and is responsible for the operation of any night club, dance hall, or dancing school in accordance with the provision of this Ordinance.
SECTION 2. LOCATIONS - No dance hall or night club shall be established within the radius of two hundred (200) meters, from the municipal building or any other public school, church, hospital, athletic stadium, public park or any institution of learning or of charity.
SECTION 3. BUILDING REQUIREMENTS -
a. In each night club, dance hall or dancing school, there shall be a dancing place properly ventilated, well lighted and maintained under sanitary condition at all times, while the establishment is open leaving no dark corners therein. The building should be safe for dancing purposes.
b. In such establishment there shall be no private rooms or separate compartments, except those assigned for lavatories, dressing rooms for ladies, bar and kitchen; Provided, however, that the dancing and dining hall or every night club, for dance hall, which is also authorized to operate a hotel, shall be for women and another for men. The certificate is first obtained from the District Engineer stating that the building is safe for dancing purposes.
c. Every night club or dance hall shall be provided with only one entrance and it shall have no direct or indirect communication whatsoever with any dwelling place, house or building, except for parking vehicles in order to avoid congestion and blocking the traffic. The parking place must be within an open ground provided with one door for entrance and another for exit.
SECTION 4. RESTRICTION AS TO PERSONS -
a. Minors under eighteen (18) years of age, persons carrying deadly weapons of any description, except government official performing their public functions, and intoxicated persons shall not be admitted or allowed to remain in any night club or dance hall, either as customers or as employees, or under any other capacity, provided however, that persons under eighteen (18) years of age may be admitted to such establishment when they are in private parties or accompanied by their parents or guardian.
b. No persons shall be employed as professional hostess or dancer, unless she it at least twenty-one (21) years of age and has obtained a written certificate from the Municipal Health Officer that she is free from any contagious or infectious disease; provided however, that a person below twenty-one (21) years of age but not less than eighteen (18) years of age may be employed with the written consent of her parents or guardians and with the health certificate above provided. No professional hostess or dancer shall be allowed to continue working as such upon discovery of disease, any disorderly, immodest or immoral conduct, or violation of any provision of this Ordinance. The medical certificate required shall be obtained every month.
SECTION 6. SUPERVISION - Night clubs, dance halls, and dancing schools shall be under the supervision of the Municipal Mayor who may assign more policemen therein to maintain peace and order in or around their premises and enforce the provisions of this Ordinance.
SECTION 7. REQUISITES FOR OPERATION - No person shall operate any night club, dance hall or dancing school without first obtaining a permit from the Municipal Mayor and a certificate from the Municipal Health Officer and a license from the Municipal Treasurer.
SECTION 8. LICENSE FEES - There shall be paid to the Municipal Treasurer for every license issued by him to operate a night club, dance hall or dancing school, the following license fee per annum:
Night Club P750.00
Dance Hall 750.00
Dancing School 75.00
Should a night club, dance hall or dancing school have separate dancing space, the same shall be considered as one if located in the same building with the same one entrance.
SECTION 9. REVOCATION - The Municipal Mayor shall revoke any permit or license granted under the Ordinance when satisfactory evidence that gambling or playing or any prohibited game or prostitution has taken place within the premises of any night club, dance hall or dancing school.
SECTION 10. STATUS OF DANCE HALL OR DANCING SCHOOL OR NIGHT CLUBS - Night clubs, dance hall and dancing schools operating upon approval of this Ordinance that are within the prohibited zone or distance provided for in Section 2 hereof, or do not comply with the building requirements provided for in Section 3 of this Ordinance, shall be given one (1) year period of notice within which to close, transfer or otherwise comply with the provisions of this Ordinance.
SECTION 11. REMEDY IN CASE OF CONFLICTS - When public building, public school, church, hospital, athletic stadium, public park or any institution of learning or charity shall established within the radius of two hundred (200) meters from any dance hall or dancing school already on operation, the Municipal Mayor shall give notice to the operator of such dance hall or dancing school giving him reasonable time within which to close or transfer said establishment to another place where the same can be allowed under the provisions of this Ordinance.
SECTION 12. PENALTIES - In case of violation in any of the provisions of this Ordinance, the permit for the operation of any night club, dance hall or dancing school shall be withdrawn by the Municipal Mayor and the license therefore revoked, forfeiting in favor of the municipality all sums paid therefore, and any person or persons responsible for any violation of Sections 4, 5, and 7 of this Ordinance shall upon conviction be punished by an imprisonment of not less than one (1) month nor more than six (6) months and by a fine of not less than Fifty (P50.00) Pesos nor more than Two Hundred (P200.00) Pesos in the discretion of the Court.
SECTION 13. REPEALING CLAUSE - All ordinances, parts of an ordinance inconsistent with this ordinance are hereby repealed.
SECTION 14. EFFECTIVITY - This Ordinance shall take effect upon its approval.
ENACTED: APPROVED:
November 2, 1962 November 16, 1962
ATTESTED:
(SGD.) REYNERIO I. DECENA
Municipal Secretary
A TRUE COPY:
November 24, 1970
(SGD.) DELIA A. LOPEZ
Clerk-Stenographer