Republic of the Philippines
CITY OF PAGADIAN
Office of the City Board
ORDINANCE NO. 33
"AN ORDINANCE REGULATING, FIXING LOCATIONS OF, AND IMPOSING PERMIT AND LICENSE FEES ON, THE BUSINESS OF NIGHT CLUBS, DANCE 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 drink to the public where entertainment is provided to customers and where customers are regularly allowed to dance.
b) "Dance Hall" shall include any place or establishment where dancing is permitted to the public in consideration of admission, entrances, or any other fee paid on, before, or after dancing, and where professional hostesses or dancers are employed.
c) "Dance School" shall include any establishment where ball room dancing is taught and permitted to the public in consideration of an enrolment, entrance, admission, membership or any other fee.
d) "Professional Hostess" or "Dancer" shall include any person who dances with all as herein define for a fee or remuneration paid directly or indirectly in money or other things representative of value by the operator or by 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 or dancing school shall be established within the radius of five hundred (500) meters from the Municipal Building or any other public school, church, hospital, athletic stadium, public park or any institution of learning or of charity. No night club, dance hall or cabaret or dancing school shall be established or operated which is adjacent to a hotel or lodging house.
SECTION 3. Building Requirement: -
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 establishments there shall be no private rooms or separate compartments, except those assigned for lavatories, dressing rooms for ladies, bar and kitchen. The building shall not be occupied or used for dancing purposes unless a 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 (1) door for entrance and another for exit.
SECTION 4. Days and Hours of Operation: - Night clubs or Dance Halls and dancing schools shall close not later than 4:00 o'clock ante meredian. This provision amends section 4 of Ordinance No. 19, s. 1962.
SECTION 5. 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 person 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 the persons under 18 years of age maybe admitted to such establishment when they are in private parties or accompanied by their parents or guardians.
b) No person shall be employed as professional hostess or dancer, unless she is 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, that a person below 21 years of age but not less than 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 dancers shall be allowed to continue working as such upon discovery of disease, any disorderly, immodest or immoral conduct, or violation or any provision of this Ordinance. The medical certificate required shall be obtained every month.
c) Alcoholic liquor and/or beverages may be served in night club until 4:00 o'clock ante meridian, provided however, that in no time should any minor under eighteen (18) years of age be admitted or allowed to remain in the night clubs except when such minors are attending private parties and/or with their parents or guardians; provided further that such minors should not stay or remain in the night club beyond 10:00 o'clock post meridian.
d) Minors under eighteen (18) years of age should never be allowed to drink alcoholic liquor and/or beverages in the night clubs. It is prohibited for operators or managers of night clubs to serve liquors to minor under 18 years of age.
SECTION 6. Supervisions: - 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:
For night club P1,000.00 per annum
For dance hall 750.00 per annum
For dancing school 75.00 per annum
Should any night club, dance hall or dancing school have separate dancing spaces, 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 of 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 Schools or Night Clubs: - Night club, dance halls 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 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. The above-mentioned establishments that had been in violation of Section 10 of Ordinance No. 19, series of 1962, are not given a period of another lease under this ordinance.
SECTION 11. Remedy in case of conflict: - When public building, public school, church, hospital, athletic stadium, public park or any institution of learning or charity shall be established within the radius of five hundred (500) 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 provision of this Ordinance.
SECTION 12. Penalties: - In case of violation of any of the provisions of this Ordinance, the permit for operation of any night club, dance hall or dancing school shall withdrawn by the Mayor and the license therefore is revoked ipso facto, forfeiting in favor of the Municipality all sums paid therefore, and any person or persons responsible for the violation of Sections 4, 5 & 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 or parts thereof inconsistent with this Ordinance are hereby repealed or amended.
SECTION 14. Effectivity: - This Ordinance shall take effect immediately upon its approval.
ENACTED: APPROVED:
December 11, 1964 December 16, 1964
ATTESTED:
(SGD.) REYNERIO I. DECENA
Municipal Secretary
A TRUE COPY:
January 7, 1971
(SGD.) DELIA A. LOPEZ
Clerk-Stenographer