ORDINANCE NO: 2018-411 (Author: Hon. Mendato B. Marcaban) "AN ORDINANCE PRESCRIBING REGULATIONS ON THE OPERATION OF ESTABLISHMENTS FOR AUDIO AND/OR VIDEO PRESENTATIONS OR ENTERTAINMENT AND THOSE UTILIZING VIDEOKE EQUIPMENT AND IMPOSING PENALTIES FOR VIOLATION OF ANY OF THE PROVISIONS HEREOF" Be it ordained, as it is hereby Ordinance by the Sangguniang Panlungsod of Pagadian City, in session assembled, that: Section 1. Purpose. - This ordinance is enacted to specify guidelines and regulations for all business and occupational institutions utilizing audio and video equipment, including microphones, sound speakers, video monitors, screens, projector and/or recording equipment. Section 2. Scope of Coverage. - It shall cover, but not limited to, establishments within the territorial jurisdiction of the city that are engaged in the business of any or all of the following activities being part of their services, or are commercially offering the use of their facility for: a) Live audio performances; b) Audio- visual presentations for entertainment; c) Videoke operation; and d) Parties or gatherings Section 3. Regulations. - Before the issuance of a Business Permit by the Office of the City Mayor, the following conditions must be met: iv) Smoking area. Pursuant to the provisions of City Ordinance No. 2017- 388, a designated smoking area shall be provided; v) Private rooms. Installation of exclusive rooms may be made to preserve the privacy of the customers' communications. However, these must be located and designed in such a way that the persons occupying 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 room; vi) Fire safety. The construction and installation of fire exits and the presence of fire suppressing equipment (fire extinguisher) as prescribed and mandated under the Fire Safety Code of the Philippines and its related issuances must be complied with. c) Health & Sanitation. a) All establishments with valid business permits or licenses shall be given ninety (90) days from the effectivity of this ordinance to fully comply with the provisions under Section 3 hereof to avoid the suspension of operation; and b) Audio/videoke music operation may start at 10:00 A.M. until 2:00 A.M. the following day, subject to the conditions that at 10:00 o'clock in the evening, tone down the volume of sound to sixty (60) decibels or that the sound volume must not be audible from a distance of twenty (20) meters. Section 5. Fines and Penalties. - Owners/ proprietors or managers of the establishments who fail to comply with the provisions of this Ordinance or such supplementary rules that may be issued from time to time for the effective implementation of this Ordinance, shall be subject to the following penalties, to wit: a) First Offense: A fine of Three Thousand (P3,000.00) Pesos. b) Second Offense: A fine of Five Thousand (P5,000.00) Pesos. The operation of the establishment shall be temporarily suspended pending payment of the fine imposed for the first and/ or second offense. c) Third Offense: Closure of the establishment and cancellation of the Business Permit. Section 6. Exemptions. - Owners of establishments or operators of these audio/video equipment are hereby allowed to operate beyond 2:00 A.M. only during holidays such as: a) Christmas b) New Year c) Fiesta / Araw (Charter day) Celebration; and d) Chinese New Year provided, the regulation on the volume of sound as stated in Section 4-b will be strictly observed. Section 7. Effect of this ordinance on the occasional use of audio and video equipment in private residences. - Occupants of private residences, during special occasions like birthdays, weddings, baptismal, and etc., where audio and video equipment are utilized for the entertainment of visitors and guests, shall likewise see to it that by ten (10:00 P.M.) o'clock in the evening the volume output shall be lowered to not more than 60 decibels and must be inaudible from a distance of twenty (20) meters. Section 8. Inspection and Enforcement. - This ordinance shall authorize the following offices and agencies to conduct inspections to ensure continuous compliance to this Ordinance and recommend the imposition of fines and penalties for violations, viz: Office of the City Mayor, Office of the City Building Official, City Health Office, and Office of the City Fire Marshal-Bureau of Fire Protection. Section 9. Separability Clause. - If for any reason/cause any provision or part of this ordinance shall be declared invalid or unconstitutional by the appropriate court, other parts or provisions not so declared shall remain in full force and effect. Section 10. 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 11. Effectivity. - This ordinance shall take effect ten (10) days after its publication. ENACTED AND APPROVED by the Sangguniang Panlungsod (12th City Council) during its 98th Regular Session on 23 August 2018 at the SP Session Hall, Legislative Building, V. Sagun Street, San Francisco District, Pagadian City.