Republic of the Philippines
Autonomous Region IX
City Of Pagadian
-o0o-
SANGGUNIANG PANLUNGSOD
2nd Regular Session February 6, 1978
Bill No. 7
ORDINANCE NO. 14
"AN ORDINANCE REPASSING VETOED BILL NO. 3, C.S., OTHERWISE KNOWN AS "AN ORDINANCE REGULATING, FIXING LOCATION OF THE BUSINESS OF DAY AND/OR NIGHT CLUBS, BARS, COCKTAIL LOUNGES, CABARETS, DANCE HALL AND DANCING SCHOOLS, THE OCCUPATION OR CALLING MASSEURS/MASSEUSE, PROFESSIONAL HOSTESS, DANCER, ENTERTAINER, AND PROVIDING PENALTIES FOR VIOLATION THEREOF" AND AMENDING SECTION 1 - a AND b THEREOF"
BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD OF PAGADIAN CITY 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) BAR OR COCKTAIL LOUNGE - shall include any place, the principal business of which is the sale of alcoholic beverages or liquors of any kind to be consumed within its premises.
Included in this definition are places or establishments selling food or drinks where customers are entertained with live music and/or stage performances and where dancing is allowed with the customers' own partners.
b) NIGHT CLUB AND/OR DAY CLUB - shall include any place or establishment selling to the public food and/or drinks where customers are allowed to dance with professional hostesses and/or professional dancers.
c) DANCE HALL AND CABARET - shall include any place or establishment where dancing is permitted to the public in consideration of admission, entrances or any other fee where professional hostesses or dancers are employed.
d) DANCING SCHOOL - shall include any establishment where ballroom dancing is taught and permitted to the public in consideration of an enrolment, entrance, admission, membership or any other fee.
e) PROFESSIONAL HOSTESS OR DANCER - shall include any person who dances 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 by the person with whom he or she dances.
f) 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.
g) MASSEURS/MASSEUSE - shall include only person employed by massage parlors, barber shops or any other establishment giving service or comfort to clients/customers in the form of rubbing, kneading, tapping and/or stroking on the superficial part of the human body for therapeutic or hygienic purposes with the use of the hands or any other part of the body and/or by the use of instruments.
SECTION 2. - Locations - No dance hall or night club or dancing school shall be established within the radius of Five Hundred Meters (500 m.) from the City Hall, or any other public school, public park, church, hospital, athletic stadium, or any institution or 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 requirements -
a) In each night club, dance hall or dancing school, there shall be a dancing place properly ventilated 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 use for dancing purposes unless a certificate is first obtained from the City Engineer stating that the building is safe for dancing purposes.
c) Every night club or dance hall shall be provided with 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 the open ground provided with one door for entrance and another for exit.
d) It shall be the duty of the operator of a bar or a cocktail lounge to post in a conspicuous place within the establishment the following notice "CUSTOMERS ARE NOT ALLOWED TO DANCE HERE PER ORDINANCE NO. 14, S. OF 1978. PENALTY - P20.00" in bold black letters of not less than six inches in height in a white background displayed in plain view to the customers.
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 meridian.
SECTION 5. - Restriction as to persons -
a) Minors under eighteen years of age, intoxicated person, and persons carrying deadly weapons of any description, except government official performing their public functions shall not be allowed or admitted to remain in any night club or dance hall, either as customers or as employees, or under any capacity. Provided, however, that person under eighteen year of age may be admitted in private parties or accompanied by their parents or guardians.
b) No person shall be employed as a professional hostess, dancer, entertainer or masseur/masseuse unless he/she is at least twenty-one (21) years of age and has obtained a written certificate from the City Health Officer that he/she is free from venereal or any other contagious or infectious disease, and another certificate from the Chief of Police that he/she is not a disorderly character; Provided, however, that a person below twenty-one (21) years of age but not less than eighteen (18) years of age may be employed if he/she has the written consent of her parents or guardians in addition to the required "Certificate." No person already employed as a professional hostess, dancer, entertainer, or masseur/masseuse shall be allowed to continue working as such upon contracting venereal, or any other contagious or infectious disease, or who have committed disorderly conduct or has violated any provision of this Ordinance. The Health Certificate herein required shall be checked every week during the regular weekly health inspection, while the certificate of good conduct is revocable at any time the Chief of Police believes that the holder thereof is no longer entitled to the said certification.
All employed professional hostesses, dancers, entertainers, or masseurs/masseuses shall be required to undergo compulsory smearing once a week and those found positive of any venereal contagious or infectious disease shall be confined at any hospital or clinic designated by the City Health Officer until he/she is cured of his/her malady. The cost of treatment of any diseased employee shall be underwritten by his/her employer and in the event of the employer's inability to pay the cost of treating the diseased employee, the immediate closure of his/her establishment shall also be ordered, in addition to whatever criminal liability such the provisions of this Ordinance.
c) Alcoholic liquor and/or beverages may be served in night clubs 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) Minor under eighteen (18) years of age should never be allowed alcoholic liquor and/or beverage in the night clubs or cocktail lounges. It is prohibited for operators or managers of night clubs to serve liquors to minors under eighteen (18) years of age.
SECTION 6. - Supervision - Night clubs, dance halls and dancing schools shall be under the supervision of the City 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 City Mayor and a certificate from the City Health Officer and license from the City Treasurer.
SECTION 8. - Revocation - The City 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 9. - Status of Dance Hall or Dancing Schools or Night Club - Dance halls and dancing schools operating upon the 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 provision 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 10. - Penalties - In case of violation of any of the provisions of this Ordinance, the permit for the operation of any night club, dance hall or dancing school, barber shop and masseur/masseuse shall be withdrawn by the City Mayor and the license therefor shall be revoked, upon the recommendation of the City Health Officer, whose recommendation must be based on his finding on the health condition of the establishment, as well as, of its employees, or upon the recommendation based on his finding relative to the conduct of operation of the establishment as it affects the peace and order situation. All sums paid for license and other fees shall be forfeited in favor of the government.
Any person or persons responsible for the violation of the provisions of Sections 4.5 and 7 of this Ordinance, in addition to the penalty imposed under paragraph 1, hereof, when proper, shall, upon conviction, be punished by an imprisonment of not less than one (1) month nor more than six (6) months and/or shall pay a fine of not more than Two Hundred (P200.00) Pesos at the discretion of the Court.
Any person who will insist on dancing inside the Cocktail Lounge or Bar where dancing is prohibited shall be penalized with a penalty consisting of Twenty (P20.00) Pesos, fine.
SECTION 11. - Repealing Clause - Tax Ordinance No. 11, series of 1975 is hereby repealed. Other Ordinances inconsistent with this Ordinance are hereby repealed or amended.
SECTION 12. - Should any portion of this Ordinance be declared unconstitutional, such declaration of unconstitutionality shall affect only such portion or portions so declared and shall not affect the other portions not so declared which shall remain in full force and effect.
SECTION 13. - This Ordinance shall take effect immediately upon its approval.
ENACTED AND APPROVED by the Sangguniang Panlungsod of Pagadian City on February 6, 1978.
APPROVED by His Honor, the City Mayor, this City, on February 8, 1978.
ATTESTED BY:
(SGD.) RUTH B. DURAN
City Secretary
"Reconstructed from the Minutes Book, Volume I, pages 37 to 42, 2nd Regular Session on February 6, 1978."
(SGD) RODRIGO L. ZIPAYAO
Researcher
November 26, 1986