ORDINANCE NO: 2007-255 "AN ORDINANCE REGULATING THE OPERATION, DESIGN, LAYOUT AND CONSTRUCTION OF ALL INTERNET CAFE, AND OTHER ESTABLISHMENTS ENGAGED IN SIMILAR BUSINESS WITHIN THE CITY OF PAGADIAN AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF" BE IT ORDAINED by the Sangguniang Panlungsod of the City of Pagadian in Session assembled that: SECTION 1. COVERAGE- This Ordinance shall apply and cover all individuals, corporations and other business establishments engaged in the business of operating internet or website facilities including internet cafe or similar facilities within the City of Pagadian. SECTION 2. LAYOUT AND FLOOR PLAN- The design, floor plan, and layout of the entire facility shall be submitted to the City Engineer and the Office of the Building Official before any construction, business license or permit could be issued by and on behalf of the city. Such permit or license shall be issued only if the applicant has strictly complied with the provisions of this ordinance. SECTION 3. CAPACITY OF THE FACILITY- The floor plan and layout must indicate the maximum number of computer units or similar equipments, website cameras, the relative locations where these units will be installed, the number of cubicles/rooms and the dimensions of each cubicle/room. SECTION 4. PLAINVIEW- The layout and floor plan must be presented in such a way that all clients and users of the facility shall at all times be within the plain and in full view of all other or any one who may have any lawful reason to be within the facilities or premises. SECTION 5. INDIVIDUAL ROOMS OR CUBICLES- To preserve the privacy of their communications individual rooms and cubicles may be allowed to be installed inside these internet facilities provided that these must be located and designed in such a way that any person occupying, renting or using the same shall at all times be seen in plain and full view of all other clients or persons who may be in the premises. Plain and clear glasses or similar transparency materials should be installed to expose the entire physical appearance of each occupant of the cubicle/room. SECTION 6. CITY ENGINEER'S MODEL DESIGN- Within ten (10) days from the effectivity of this ordinance the Office of the City Engineer, Office of the Building Official, Department of Trade and Industry (DTI) and Owners/Operators of internet cafe shall prepare a floor plan and layout in compliance with the provisions of Sections 4 and 5 that may be adopted as a model design for the purpose of providing the appropriate guide in complying with the provisions of this ordinance. SECTION 7. EXISTING FACILITIES- All persons or entities presently holding valid business permits or licenses to engage or operate the business of internet cafe, website, e-mail or related facilities shall be given thirty (30) days from the effectivity of this ordinance to fully comply with the provisions thereof. SECTION 8. PENALTIES- Owners, proprietors, managers or their agents and representatives or any person or entity, natural or juridical, found violating any of the provisions of this Ordinance or any of its implementing rules that may be issued from time to time for the effective implementation of this Ordinance unless otherwise indicated in this ordinance shall suffer the penalty of imprisonment of not less than six (6) months but not more than twelve (12) months as may be determined by the courts and a fine of Five Thousand (P5,000.00) Pesos. In cases against partnerships or corporations the partners and principal officers of the latter shall also be made liable. SECTION 9. SUSPENSION/REVOCATION OF THE BUSINESS LICENSE/PERMIT- Failure to comply with the provisions of this ordinance or any attempt to alter or change the design and layout plan duly approved by the City Engineer in consideration for which the business license or permit was issued shall be a ground for the immediate suspension or revocation of the business permits or license and closure of the facilities. No business license or permits shall be renewed while any case involving violation of this ordinance is pending against any party seeking such renewal. SECTION 10. STUDENTS/PUPILS ON SCHOOL HOURS- No internet cafe operator shall allow admission or entry into its premises or the use of its facilities by any student with or without uniforms in the high school or pupil in the elementary or lower grades during school days from 7:30 in the morning to 8:30 in the evening. Any violation of this particular provision shall be a ground for the imposition of the following sanctions: First Offense : Suspension of the business license for three (3) months. Second Offense : Suspension of the business license for six (6) months. Third Offense : Revocation of the business license and closure of the facilities. SECTION 11. VIOLATION OF OTHER LAWS- Any person who in the course of using the website, internet or other related facilities, is found to be acting, performing, behaving, communicating or uttering words that tend to promote obscenity, indecency or pornography shall, in addition to any liability under this ordinance, be prosecuted under other existing laws together with the owner, proprietor, manager or other persons who may have accommodated, encouraged, tolerated or cooperated with the said guest or client. SECTION 12. ENFORCEMENT OF THIS ORDINANCE- This ordinance shall authorize any of the following offices or agencies to apprehend violators, to wit: Office of the City Mayor, Office of the City Engineer, Philippine National Police, Barangay Captains within their respective barangays and the Business License and Inspection Task Force. SECTION 13. SEPARABILITY CLAUSE- If for any reason/cause any provision or part of this ordinance shall be declared invalid or unconstitutional by the appropriate courts, other parts or provisions not so declared shall remain in full force and effect. SECTION 14. REPEALING CLAUSE- Any existing ordinance found to be in conflict with any of the provisions of this ordinance shall be considered repealed and modified accordingly. SECTION 15. EFFECTIVITY- This ordinance shall take effect ten (10) days after its posting or publication as required under existing laws. ENACTED AND APPROVED by the Sangguniang Panlungsod (8th City Council) of Pagadian City during its 119th Regular Session held on February 13, 2007 at the Sangguniang Panlungsod Session Hall.