RESOLUTION NO. 114 CITY ORDINANCE NO. 2 (AN ORDINANCE ENACTING THE MARKET CODE OF THE CITY OF CALAPAN.)

POSTED: Thursday, September 30th, 2010

RESOLUTION NO. 114
CITY ORDINANCE NO. 2

AN ORDINANCE ENACTING THE MARKET CODE OF THE CITY OF CALAPAN.

NOW THEREFORE, On Motion of Hon. C. Voltaire S. Brucal, Hon. Eric C. Apasan, Hon. Jose C. Leynes, Hon. Federico M. Cabailo, Sr., Hon. Aselo M. Agua, Hon. Edilberto C. Ilano, Jr. Hon. Jojie E. Malapitan, Hon. Laurence B. de Chavez and Hon. Roy B Raquepo.

BE IT ORDAINED by the SANGGUNIANG PANLUNGSOD OF CALAPAN in session assembled that:

CHAPTER I

TITLE, COVERAGE AND STATEMENT OF POLICY

SECTION 1. TITLE. This Code shall be known as the Calapan City Market Code.

SECTION 2. COVERAGE. The provision of this Code shall govern the establishment, classification, administration and operation of government-owned/operated public market in the City of Calapan and imposition and collection of market rental fees for occupancy or use thereof.

SECTION 3. AUTHORITY TO ESTABLISH PUBLIC MARKETS. The City Government of Calapan shall have the authority to establish, maintain and operate public market as economic enterprises within its territorial jurisdiction upon approval of the Sangguniang Panlungsod of Calapan.

SECTION 4. POLICY STATEMENT. It is the policy of the City Government of Calapan to be self reliant, and self sustaining through engaging in viable and stable economic enterprises like the Calapan City Public Market that will provide a wide range of opportunities and will uplift the socio-economic well-being of its constituents by improving fiscal management and enhancing good governance.

SECTION 5. DEFINITION OF TERMS/PHRASES. For the purpose of this Code, the following terms shall be understood in the sense indicated hereunder:

1.  BUTCHER – refers to any person engaged in slaughtering pigs, cows, poultry and other livestock not prohibited by existing laws and ordinances.

2.  BLADED INSTRUMENTS – refer to any sharp-pointed implement used to cut, strip or otherwise mutilate animal carcasses. The term includes butcher’s knife, kitchen knife, cutting blade, sharpening torque otherwise known as “panghasa” and similar instruments.

3.  CALAPAN CITY PUBLIC MARKET – refers to the New City Public Market, a two-storey building owned and managed by the City Government of Calapan. It embraces all the market stalls, tiendas, offices, subways, waterways, drainage and other connections, parking spaces and other appurtenance thereto within the said premises.

4.  CALAPAN CITY PUBLIC MARKET PREMISES – refers to any open space in the market compound or part of the market lot including the market building.

5.  FLOORINGS – refers to the ground flooring of stalls in the City Public Market.

6.  GOVERNMENT-OWNED AND/OR OPERATED PUBLIC MARKETS – refer to those established out of public funds or those leased/acquired by any legal modes or means from private persons, natural or juridical, to be operated by the government either thru its instrumentality, branch or political subdivision.

7.  HARBORING – refers to the act whereby a person gives shelter and aid to an illegal vendor or to clandestinely shelter, succor and improperly protect illegal vendors.

8.  IMPERVIOUS MATERIALS – shall mean and refer to hardware materials that are impenetrable, not capable of being damaged and tarnished, not affected by harsh elements of nature such as mildew, algae, fungi, or moisture with plain and smooth surface that are durable and resistant to wear corrosion. Samples o impervious materials are stainless steel plates, ceramic tiles, formica sheets, porcelain plates, marble slabs and other surfaced, non-porous, water or moist resistant materials.

9.       LEASE HOLD RIGHTS – the rights transferred by the stallholder to his legitimate spouse and legitimate children in case of death.

10.   LEGITIMATE FARMERS – farmers who are members of duly registered and accredited farmers’ association in the City of Calapan.

11.   LEGITIMATE STALLHOLDER – refers to the occupants of the previous city public market who pays the necessary license and business permits as per record of the City Treasury Department and de facto lease holders who are ambulant vendors as per record of the City Trade and Industry Department before the market was razed by fire last May 30, 2008.

12.   MARKET FEE – refers to the fee collected by the market collector duly assigned by the City Treasurer for using public market utilities.

13.   MARKET SECTION – refers to the classification of a group of continuous stalls in the markets according to the kind of merchandise offered for sale therein, to wit:

a.       Coconut Section – refers to the area where only coconut meat and milk shall be sold.

b.       Cold Storage Service Section – refers to the area where only refrigeration services shall be made available and the sale of ice in whatever form shall be conducted.

c.       Dressed Chicken Section – refers to the area where only dressed chicken shall be sold. These products could either be newly slaughtered or frozen.

d.       Dried Fish Section – refers to the area where only all dried marine products and smoked fish shall be sold.

e.       Electronics and Appliance Section – refers to the area where only all kinds of electronics and appliances shall be sold.

f.        Feeds Section – refers to the area where only animal feeds shall be sold.

g.       Fish Section – refers to the area where only fresh fish, clams, oysters, crabs, lobster, shrimps, seaweeds, other sea foods and marine products shall be sold.

h.       Flower, Plants and Garden Section – refers to the area where all kinds of fresh and/or artificial flowers, plants and garden accessories and tools shall be sold.

i.         Fruit section – refers to the area where only all kinds of fruits including those abundant in Calapan City shall be sold.

j.         Footwear Section – refers to the area where only footwear and other related products shall be sold.

k.       Glassware Section – refers to the area where only all kinds of kitchen utensils, plastic wares, toiletries, styrofoam, and other kitchen wares shall be sold.

l.         Grocery Section – refers to the area where only all kinds of grocery items and other household and food products shall be sold.

m.     Hawkers’ Plaza – refers to the area where fruits, appliances and electronics, dried fish and charcoal shall be sold.

n.       Meat Section – refers to the area where only meat products like pork, beef, mutton (goat), and other livestock products not prohibited by existing laws or ordinances are being sold provided that these meats shall be separately displayed and properly labeled. Dressed chicken is not included in this section.

o.       Native Products Section – refers to the area where only all native products shall be sold.

p.       Novelty Section – refers to the area where only novelty items like souvenir items, men’s and women’s accessories and all kinds of bags shall be sold.

q.       Parlor and Barber Shop Section – refers to the area where only beauty products and services like haircutting, hair coloring, pedicure and manicure services among others shall be available.

r.        Restaurant Section – refers to the area where only all kinds of cooked/prepared foods and beverages except liquor shall be sold.

s.       Rice Section – refers to the area where only all varieties of rice shall be sold.

t.        RTW and Textile Section – refers to the area where only all kinds of textile, curtains, ready-made dresses and apparels shall be sold. rental of gowns and barong shall also be available in this section.

u.       School and Office Supplies Section – refers to the area where school and office supplies and other related items shall be sold.

v.       Shoe and Bag Repair Section – refers to the area where only shoe and bag repair services shall be provided.

w.     Tailoring Services Section – refers to the area where only tailoring services shall be provided.

x.       Vegetable Section – refers to the area where only all kinds of vegetables including onions, garlic, corn, mongo, calamansi and the like, root crops such as kamote, cassava, gabi and the like shall be sold. Coconut is not included in this section.

14.   MARKET STALL – refers to any allotted stand, space, compartment, store or any place wherein merchandise is sold, offered for sale or intended for such purposes in the public market

15.     MARKET STALL FEE – refers to the rental fee collected by the market collector duly assigned by the City Treasurer for using the city public market stalls.

16.   MARKET VENDOR – refers to any person engaged in business at any public or private market in the City of Calapan.

17.   MERCHANDISE UNLOADING ZONE – refers to designated streets namely Sales St., San Augustin St., Aurora Boulevard and Malaluan St. where vegetables, meats, fruits, goods, merchandise and other wares are unloaded for the purpose of being sold, stored or otherwise kept for the time being.

18.   PHYSICAL STRUCTURE – refers to the walls, wall partitions, floorings, roll-up, lock and keys of the stalls

19.   TABLES AND DISPLAY COUNTERS – refer to all tables, cabinets or racks used for display of market goods such as meat, fish, fruits, vegetables and food.

20.   TRADER – refers to any person whether duly licensed or not, engaged in the business of selling foodstuff, goods or any item being sold for a price based proportionately to its weight. The term shall include sidewalk and talipapa market vendors, owners of sari-sari and grocery stores, grain distributors and other similar merchants.

21.   UNDERWEIGHING – refers to any act whereby a trader tampers his weighing scale used in his/her business of weighing goods, merchandise or any item being traded in such a manner as to defraud innocent purchasers.

22.   WALL PARTITION – refers to walls separating the stalls in the City Public Market.

SECTION 6. MARKET SECTIONS. The Calapan City Public Market shall be divided into various sections as defined under CHAPTER IV Section 56 of this code to facilitate the efficient administration thereof.

CHAPTER II

SUPERVISION AND CONTROL

SECTION 7. CITY PUBLIC MARKET BOARD. There shall be hereby constituted the City Public Market Board who is on top of the Public Market Management Office Organizational structure with the following composition, functions, and schedule of meetings.

CHAIRMAN                     :           City Mayor

VICE CHAIRMAN         :           City Vice Mayor

MEMBERS                        :            SP Chairman of the Committee on Economic Enterprise

SP Chairman of the Committee on Finance

SP Chairman of the Committee on Ways and Means

SP Chairman of the Committee on Transportation

SP Chairman of the Committee on Health and Sanitation

City Treasurer

City Engineer

City Architect

City Planning and Development Officer

City Trade and Industry Officer

City Legal Officer

City Environment and Natural Resources Officer

City Health and Sanitation Officer

City Public Safety Officer

Market Supervisor

Representative from SAMPACA

Representative from Calapan Vendors Multi-Purpose Cooperative

The Board, however, shall cease to exist once the City Economic Enterprise Management Board is created by virtue of an Ordinance.

SECTION 8. FUNCTIONS OF THE BOARD. The Board shall formulate policies, guidelines, rules and procedures in the overall administration of the Calapan City Public Market and recommend necessary funding for its operations consistent with the policy and provisions of this Code. Specifically, it shall:

1. Develop plans, programs and strategies beneficial to the City and making the Calapan City Public Market more viable, productive and stable.

2. Serve as the advisory body of the City Mayor and the Sangguniang Panlungsod on matters affecting the over all management of economic enterprises.

3. Set additional requirements for applicants who are interested to lease the vacant stalls/ spaces, if necessary.

4. Device mechanisms to conduct public raffle in the awarding of vacant stalls/ spaces and shall certify to the Sangguniang Panlungsod the result thereof.

5. Award stalls/spaces by authorizing the City Mayor to sign the lease contract to applicants as prescribed by this code.

6. Conduct pre-qualification of the applications for stall applicants. In case where deliberation of the Board resulted in a tie vote, the chairman shall break the tie.

7. May propose adjustment and/or increase of any fees and rentals and amendment to this Code to the Sanggunian Panlungsod for a justifiable and reasonable cause.

8. Perform such other functions as may be authorized by the Sangguniang Panlungsod necessary in the effective and efficient management of the enterprises.

SECTION 9. MEETINGS AND HONORARIUM. The Board shall meet within one (1) week after the approval of this Code and, thereafter, every second Wednesday of the month or as often it may be necessary. The Board may reduce the number of scheduled meetings as the operations of the Calapan City Public Market become stable, or as the Board may deem necessary.

The Chairman of the Board may call for a special meeting anytime should there an important/urgent matter (s) that need the attention and decision of the members of the board. Any member or members may as concurred/supported by the majority members may propose for a special meeting on the reason as mentioned above.

In case of a justifiable reason, a member may send his/her duly authorized representative preferably next-in-rank in position. Said representative may participate in the discussion but with no voting rights.

Each member shall be entitled to an honorarium of One Thousand Pesos (P 1,000.00) for his/her attendance to every meeting subject to existing accounting and auditing rules and regulations. However, only a member attending each Board meeting is entitled to receive an honorarium. Absence of a member in any meeting shall therefore cause forfeiture of his/her honorarium.

SECTION 10. PUBLIC MARKET MANAGEMENT OFFICE. A Public Market Management Office shall be created who shall be under the direct supervision and control of the Board and shall supervise as the overall operations of the Calapan City Public Market. The Office shall be headed by the Market Supervisor IV (SG-22) who has the following duties and responsibilities.

1.  Assists the Board in the formulation of plans and programs relative to target collection and the operation of the public market;

2.  Directly manages the operation of the public market and shall therefore enforce the implementation of market rules and regulations as prescribed in the ordinance and/or set forth by the Board;

3.  Ensures that all fees are properly effected, collected and recorded;

4.  Supervises the conduct of inspection of market stalls;

5.  Supervises the maintenance of peace and order in the market premises;

6.  Supervises the maintenance of cleanliness and sanitation in the market premises;

7.  Acts as technical secretariat to the Board, when designated;

8.  Oversees and monitors the duties and functions that may be assigned to casual/contractual complementary staff of every section;

9.  Assists the Board in the conduct of semestral performance evaluation of the section staff and submission of reports thereof; and

10.  Performs other related duties and functions as may be assigned from time to time.

SECTION 11. COMPOSITION OF PUBLIC MARKET MANAGEMENT OFFICE. The Public Market Management Office shall have the following Plantilla Positions with corresponding salary grades of personnel and sections.

1.  Administrative Section. Responsible on matters pertaining to personnel, disbursements, controlling, and recording of the enterprise. Plantilla Positions with corresponding salary grades of personnel under this division are as follows:

1 – Administrative Officer V SG-18

1  – Administrative Assistant II SG 8

1 – Administrative Aide IV SG-4

1 – Administrative Aide III / Driver I SG-3

1 – Administrative Aide I / Utility Worker SG-1

2.  Finance Section. Responsible on matters pertaining to the Revenue Collection and Collectors of the public market, including the controlling and recording. Plantilla Positions with corresponding salary grades of personnel under this division are as follows:

1 – Revenue Collection Officer I  SG-11

1 – Cashier SG-10

1 – Bookkeeper SG-8

3 – Revenue Collection Clerk III SG- 9

1 – Utility Worker SG- 3

3.  Maintenance and Repair Section. Responsible on matters pertaining to maintenance and repair of public market facilities, such as but not limited to electrical, plumbing, structural and other civil and architectural works of the Enterprise. Plantilla Positions with corresponding salary grades of personnel under this division are as follows:

2 – Utility Worker SG-3

1 – Labor General Foreman SG-8

1 – Electrician SG-6

1 – Carpenter SG-5

1 – Plumber SG-5

2  – Laborers

4.  Security and Enforcement Section. Responsible on matters relative to the public market policy enforcement and the security of public market facilities. Plantilla Positions with corresponding salary grades of personnel under this division are as follows:

1   –  Security Officer III SG-18

1   –  Security Agent II SG-10

12 –  CSU/Market Guard

5.  Operations and Services Section. Responsible on matters relative to the operations and management of the public market. Plantilla Positions with corresponding salary grades of personnel under this division are as follows:

1 – Market Supervisor III SG-18

1 – Market Supervisor II SG-14

1 – Market Supervisor I SG-10

2 – Market Inspector I SG-6

SECTION 12. PS LIMITATION. The Total Personnel Services budget for the operation of the Public Market Management Office shall not exceed to 45% of its total income of the proceeding budget calendar year beginning calendar year 2012.

CHAPTER III

GENERAL PROVISIONS

SECTION 13. All stallholders/vendors and other business operators doing business/operating within the Calapan City Public Market are required to secure the necessary permit and license before the actual business/operation pursuant to the Revenue Code of the City of Calapan.

SECTION 14. BUSINESS HOURS. The Calapan City Public Market shall operate from four o’clock in the morning (4:00am) until eight o’clock in the evening (8:00pm) daily, or at certain hours as may be determined by the Board, in accordance with the requirements of safety, order and sanitation. The public market shall be provided with a bell or buzzer with which to announce the opening and closing of the market business.

SECTION 15. LESSEE TO ADMINISTER HIS/HER STALL. Any person who has been awarded the right to lease a market stall in accordance with the provisions of this Code shall personally occupy and administer his/her own stall or booth.

SECTION 16. The use of any stall or place in the public market as living quarters and/or sleeping quarters is strictly prohibited. No vendor or stallholder is allowed to remain inside the market building beyond the market hours.

SECTION 17. The City Government of Calapan shall be responsible for any damage to the physical structure of the stalls caused by theft or robbery. All articles or merchandize left in the public market shall be at the risk of the stallholders or owners at all times. The Public Market Management Office shall encourage stallholders to provide provisions to safeguard their commodities.

SECTION 18. The City Government of Calapan shall not be liable for any loss or damages that may be incurred due to fire or “forced majeure.”

SECTION 19. It is prohibited for any person to resist, obstruct, annoy or impede any market employee or personnel in the performance of his/her duty. Children are also prohibited to play around stalls or in the public market premises.

SECTION 20. Any law enforcement officer or personnel of the Public Market Management Office has the power to confiscate goods from any stallholder and vendor, ambulant or otherwise, who will sell or display such goods that are  either not enumerated in the list of allowable goods for their section or beyond their approved designated areas. The said stallholder and vendor can no longer get their goods once confiscated. The Public Market Management Office shall prepare a system for the proper confiscation and disposal of such goods, subject to the approval of the Board.

SECTION 21. Any personnel of the Public Market Management Office have the power to inspect, any time of the day, all weighing scales in the Calapan City Public Market. Any weighing scale that is found to be deceptive, or not being exhibited, properly sealed or voluntarily shown during inspection shall be confiscated and destroyed. The Public Market Management Office shall prepare a system in confiscating and destroying such weighing scales, subject to the approval of the Board.

SECTION 22. The Public Market Management Office shall install a “Timbangan ng Bayan” for the use of the consumers to safeguard them against short weighing of commodities like rice, fish, meat, etc. and a Price Monitoring Board to indicate the prices of the common commodities available in Calapan City Public Market.

SECTION 23. No merchandise or article shall be sold, offered for sale or exposed for sale in the public market premises unless the same has been legally acquired by the vendors and/or stallholders.

SECTION 24. CLEANLINESS AND SANITATION.

1.  The Calapan City Public Market premises and buildings/ offices must at all times be kept clean and in sanitary condition to safeguard the health and safety of the buying public and clienteles as well as the stallholders, vendors and personnel.

2.  Stallholders/vendors shall keep and maintain their stalls in clean and sanitary condition. They shall likewise be responsible for the cleanliness of the passageways, alleys or spaces immediately infront or behind or by the side of their stalls, booth or spaces.

3. A “No littering” signs shall be posted in conspicuous places of the Calapan City Public Market to warn vendors, buyers and other person(s) that the same is punishable by law.

4. The City Government of Calapan shall establish a Material and Ecological Recovery Facility within the Calapan City Public Market premises for the collection of all garbage and rubbish. In addition, properly covered temporary depository facility shall be placed at strategic places for the garbage and rubbish of the buyers, vendors and personnel.

5.   All stallholders and vendors shall compulsorily be required to put up two set of trash bins, plastic containers and/ or nearest equivalent: one (1) for biodegradable wastes and one (1) for non-biodegradable wastes.

6. It shall be the responsibility of the stallholders and vendors to dispose the wastes they generate before closing time daily to the temporary depository facility.

7. It shall be the responsibility of the stallholders and vendors to pay for the corresponding fine/s or penalties in case pieces of trashes, garbage or rubbish are found within the premises of their stall as enumerated in number 2 of this section, subject to the provisions on Fines and Penalties enumerated in the Anti-Littering Ordinance of the City Government of Calapan.

8. The time for collection and disposal of garbage as well as street sweeping of public market premises, spraying of deodorizer and floor washing shall be determined by the head of Public Market Management Office in coordination with City Environment and Natural Resources Department.

SECTION 25. WATER AND DRINKING FACILITIES.

1. Provisions for available ample water for cleaning and separate drinking facilities to prevent contamination shall be provided in the Calapan City Public Market.

2. All water supply lines within the stall, booth or space shall be shouldered by the stallholder such as its bills and installation costs, provided, a written consent from the Public Market Management Office shall be secured before installation takes place.

SECTION 26. TELECOMMUNICATION SYSTEM. All telecommunication lines, cables and electrical lines shall conform to the National Building Code, Philippine Electrical Code and other applicable laws. All telecommunication lines within the stall, booth or space shall be shouldered by the stallholder such as its bills and installation costs, provided, a written consent from the Public Market Management Office shall be secured before installation takes place.

SECTION 27. POWER SERVICES. All power supply lines within the stall, booth or space shall be shouldered by the stallholder such as its bills and installation costs, provided, a written consent from the Public Market Management Office shall be secured before installation takes place.

SECTION 28. AMBULANT VENDORS. Ambulant vendors shall not be allowed to sell within and along the premises of the Calapan City Public Market.

SECTION 29. LOAFING OR LOITERING, BEGGING, DRINKING LIQUOR, GAMBLING AND SMOKING IN THE MARKET PREMISES PROHIBITED. No person, who does not have any legitimate business or transaction in the public market shall not be allowed to idly sit, lounge, walk, lie, tarry, loaf or loiter in or about the premises of the public market. In addition, no person shall likewise be permitted to solicit alms or voluntary contributions, within the public market premises. Moreover, no person shall be allowed to drink liquor or any intoxicating drinks within the public market premises. Furthermore, gambling of any form or kind whatsoever, and the playing of “dama”, “domino”, or any other similar games are strictly prohibited within the public market premises at any time of the day. Also, smoking shall be strictly prohibited in the mentioned areas.

SECTION 30. PUBLIC TOILETS.

1.  Public toilets with adequate lavatories, at least one for men and for women shall be provided and installed in strict conformity with the sanitation code and the same at all times be kept clean and sanitary.

2.  The operation and maintenance of the public toilets may be awarded to an individual party/association/cooperative/Barangay Government which shall be determined by the Board.

3.  The rental of the said facility shall be determined by the Board and subject to the approval of the Sangguniang Panlungsod.

4.  A Memorandum of Agreement (MOA) shall be executed by both parties for that matter subject the authority of the Sangguniang Panlungsod.

SECTION 31.  FIRE SAFETY, PEACE AND ORDER.

1.  Fire extinguishers and other fire fighting equipments must be placed in strategic places at the public market premises by the Public Market Management Office. Stallholders are likewise required to provide and place at least one (1) fire extinguishers or fire fighting equipments themselves in their stalls.

2.  In case of fire/conflagration in or near the vicinity, it shall be the duty of stall occupants to report such incident to the proper authorities.

3.  It shall also be the duty of stallholder/vendor or his/her representative to report to the public market security guards and police station any untoward incidents, accidents or crimes that may occur within or near his/her vicinity.

4.  The City Government of Calapan can enter into agreement with or bid out to private security agencies the security services for the Calapan City Public Market.

SECTION 32. PROHIBITION IN THE STORAGE OF HIGHLY COMBUSTIBLE OR EXPLOSIVE AND TOXIC. Explosive materials or substance and toxic materials, such as agricultural insecticides, pesticides, and similar toxic chemicals, firecrackers and pyrotechnics are prohibited in all stalls, except those selling agricultural chemicals and other related products.

SECTION 33. RAMPS AND STAIRWAYS. Ramps shall be strategically located for purposes of viability near the approach point to the public market structure and shall conform to the provisions of the existing accessibility law which requires buildings, institutions, establishments and public utilities to install facilities and other devices to entrance the mobility of disabled persons. They shall provide convenience to related public market functional activities. Regular stairways shall complement with the overall public market management system.

SECTION 34. ENTERPRISES AISLES. To facilitate mobility, security and safety at all times, the public market aisles shall be free from any obstructions. Public Market Management Office personnel, security guards and policemen detailed in the vicinity shall exercise strict vigilance on this matter and enjoin strict compliance with this provision.

SECTION 35. PROPER IDENTIFICATION. All stallholders/vendors, laborers and helpers are required to pin their identification card. The identification card shall be duly signed by the City Mayor and the head of Public Market Management Office. It shall be provided by the City Government of Calapan free of charge.

SECTION 36. WET MARKET VENDORS UNIFORM. All vendors/stallholders in the wet section shall be required to wear the prescribed uniforms of the Public Market Management Office. Failure to comply will be penalized in accordance with the penal provisions of this Code.

SECTION 37. PROPER ATTIRE. All public market vendors/stallholders shall be required to wear clean and proper clothes/dresses within the public market premises. Non-wearing of upper garments in the said area is prohibited.

SECTION 38. SUBLEASING OR SELLING OF PRIVILEGE NOT ALLOWED. No awardee shall sublet or sublease the stall so awarded nor shall any privilege acquired be sold. Any person other than the stallholder found selling in the latter’s stall be considered prima facie evidence of subleasing and shall subject the stallholder to outright revocation of his/her lease award.

SECTION 39. TRANSFER OF PRIVILEGE over stalls maybe allowed provided that transferor must first seek the approval of the Board in which case a transfer fee and an occupancy fee set under this code must be paid by the transferor and by the transferee, respectively.

SECTION 40. Duration of Lease. The Contract of Lease for a stall shall be for a period of three (3) years renewable upon its expiration subject to the existing requirements and procedures and those requirements as establish by the Board and to the ratification of the Sangguniang Panlungsod unless revoke in accordance to the provisions of this Code.

SECTION 41. RENTAL INCREASE. An automatic ten percent (10%) increase shall be imposed on all stall rentals every three (3) years.

SECTION 42. REVOCATION OF LEASE. The revocation of lease of contract of stallholders shall be effected for cause or causes as provided in the lease of contract and those pertinent provisions of this Code. In addition, should for any reason a stallholder/lessee discontinue his business before his contract of lease expire, or stall is non-operational or closed for thirty (30) consecutive days without informing the Office of the Market Supervisor, or is not paying his rental fees for three (3) consecutive months, such stall shall be considered vacant and its occupancy shall be disposed of in the manner prescribed in this Code.

SECTION 43. EFFECT OF DEATH OF LESSEE. Upon the death of the stallholder/lessee, the contract of lease covering said stall shall be deemed terminated. However, if the deceased leaves a surviving spouse or legal heirs who are not disqualified under the provisions of this Code and who desire to continue the business of the deceased, the lease may be transferred to the deceased’s spouse or legal heirs upon application therefore; provided, that the Board shall be notified within thirty (30) days after the death of the original lessee of the desire of the spouse or legal heirs to succeed and upon payment of all necessary rents or lease due at the time of the original lessee provided that no transfer fee shall be exacted to the transferee up to the 4th degree of consanguinity; provided further, that the name of the qualified, preferred relative of the stallholder/lessee, whether surviving spouse or legal heirs shall be mentioned in his/her contract of lease.

SECTION 44. PEDDLING AND HAWKING. No person or persons shall peddle, hawk and offer for sale or expose for sale any articles in the passageways or aisles used by purchasers open spaces and landscapes or islands within the enterprises premises which are not designated for display or vending.

SECTION 45. DISPENSING AND SERVING OF INTOXICATING DRINKS. No person or persons shall dispense and serve intoxicating drinks any violation hereof shall subject the offender to the penal provisions of this Code and his/her lease award shall be subject to revocation.

SECTION 46. LOOSE ANIMALS. The Public Market Management Office shall make sure that no dogs or other animals are left astray in the public market premises.

SECTION 47. ILLEGAL CONSTRUCTION. The construction of living quarters within the enterprises premises/ buildings shall not be allowed. Likewise, no lessee shall remove, construct and alter the original structure of any stall, booth or space, including electrical wiring or water connection without prior permit from the Board and approved by the City Building Official. Any unauthorized/illegal construction shall immediately be subjected to demolition by the Public Market Management Office.

SECTION 48. EJECTED STALLHOLDERS DISQUALIFIED TO PARTICIPATE IN THE DRAWING OF LOTS. After due notice of hearing should stallholder be ejected from his/her stall, booth or space for cause, as provided for in this Code, he/she shall be disqualified from subsequently filing another application for the lease of any stall, booth or space in the Calapan City Public Market.

SECTION 49. DUMMIES. Any person who acts as dummy for another in connection with the enjoyment of any privileges provided in this Code shall be subject to the penalty provided in the penal provision of this Code. In any case where the person registered to be the holder or lessee of a stall or booth in Calapan City Public Market is found to be in reality not the person who is actually occupying the stall, the lease of the stallholder shall be cancelled if upon investigation such stallholder is found to have subleased the stall to another person or to have connived with such person so that the latter may for any reason be able to occupy the said stall or booth.

SECTION 50. PROPER DISPLAY OF MERCHANDISE. All items, commodities or merchandise shall be displayed in the stalls or market commodity or merchandise shall be displayed in the stalls, or market premises so as not to hamper, obstruct or impede the passage of aisles or to the inconvenience of the market goers, and shall be arranged and displayed in a manner which shall not hamper the regular cleaning of the market premises.

SECTION 51. The use of Videoke, Video game/Video karera in any portion of stalls within the public market shall be prohibited.

SECTION 52. USE OF DEVICES AND MATERIALS TO DEFRAUD CONSUMERS. The use of devices and materials to defraud consumers, such as the red lights, red cellophanes, dye, and the like which installed/ placed in the stall in a manner that will deceive the consumers in buying fish, chicken or meat which are actually not fresh or not good for public consumption shall not be allowed or is prohibited.

SECTION 53. Proper numbering of all stalls based on market sections shall be prepared by the Public Market Management Office, subject to the approval of the Board.

SECTION 54. PRE TRANSFER POLICIES.

1.  The design of the physical structure of all market stalls shall comply with the standards that will be provided by the City Engineering and Public Works Department. After the construction of stall, the said department shall inspect the stall before issuing a “Certificate of Compliance.”

2.  All stallholders shall undergo a seminar/training on proper stall management and other rules and regulations on the operations of the Calapan City Public Market to be facilitated by the City Government of Calapan. A “Certificate of Training” shall be awarded only to stallholders who completed the said seminar/training.

3.  No stallholder shall occupy his/her awarded stall without complying the requirements set by the provisions of items number 1 and 2 of this section.

4.  All arrears on taxes, stall fees and/or other obligations of legitimate stallholders due to the City Government of Calapan shall be settled in full first prior to the awarding of stalls to them.

CHAPTER IV

CLASSIFICATION OF STALLS AND PAYMENT OF FEES

SECTION 55. MARKET SECTION. The vendors shall be grouped and classified in accordance with the goods, wares or merchandise sold as follows:

I.       Wet Section

1.       Fish section

2.      Meat section

3.      Dressed Chicken section

4.      Vegetable section

5.      Coconut section

II.      Dry Section

1.       Glassware section

2.       Footwear section

3.       Native Products section

4.       RTW and textile section

5.       School supplies section

6.       Novelty section

7.       Grocery section

8.       Feeds section

9.       Rice section

III.   Services Section

1.       Parlor section

2.       Restaurant section

3.       Shoe and Bag Repair section

4.       Tailoring Services section

IV.    Hawker’s Section

1.       Dried Fish section

2.       Fruit section

3.       Cold storage services section

4.       Flowers, plants and garden shop section

5.       Electronics and Appliance section

SECTION 56. RENTAL FEES. The market fees for fixed stalls, booths and tiendas are herein prescribed as follows:

a.       Market Stall Fees

Monthly
Section Class Rental
Meat Section A 3,300.00
B 2,800.00
Fish Section A 2,500.00
B 1,000.00
C 500.00
Dressed Chicken A 2,500.00
B 2,000.00
Dried Fish Section 2,500.00
Vegetable Section A 2,500.00
B 1,500.00
C 1,200.00
D 1,000.00
E 500.00
Coconut Section A 2,000.00
B 1,200.00
C 1,000.00
RTW and Textile Section A 2,200.00
B 2,000.00
C 1,700.00
Glassware  Section A 2,200.00
B 2,000.00
C 1,700.00
Footwear Section A 2,200.00
B 2,000.00
Native Section A 2,000.00
B 1,700.00
C 1,500.00
Grocery Section A 2,200.00
B 2,000.00
Rice Section A 2,500.00
B 2,300.00
C 2,000.00
Parlor Section 4,000.00
Novelty Section 1,700.00
School/Office Supplies Section 1,700.00
Shoes/Bags Repair Section 1,700.00
Tailoring Section 2,500.00
Restaurant Section A 2,500.00
B 2,000.00
C 1,400.00
Feeds  Section 3,000.00
Hawker’s  Plaza 2,000.00

SECTION 57. Rental Fees for office spaces shall be Four Hundred Pesos (P400.00) per square meter monthly and Two Thousand Pesos (P2,000.00) monthly for all stalls at the hawker’s plaza.

SECTION 58. GOODWILL FEE – A goodwill fee of Ten Thousand Pesos (P10,000) shall be paid by the legitimate stallholders and Thirty Thousand Pesos (P30,000.00) per square meter by new applicants upon awarding of the stall. The goodwill fee shall be imposed only upon opening of the New Public Market. Goodwill fee is non-refundable.

SECTION 59. TRANSFER FEE. There shall be imposed a Transfer Fee in the amount of One Thousand Five Hundred Pesos (PHP 1,500.00) to be paid by the existing original occupant if and when an early termination occurs by his/her voluntary transfer to any qualified transferee intending to make business in the Calapan City Public Market and a qualified successor will take over the said stall, booth/space.

SECTION 60. OCCUPANCY FEE. An Occupancy Fee of Thirty Thousand Pesos (Php 30,000.00) per square meter shall be imposed to the qualified new occupant of any of the stall/booth in the Calapan City Public Market provided that occupancy fee of first awardees specifically on new constructed stalls, vacated and or foreclosed stalls be exacted the amount of ONE THOUSAND FIVE HUNDRED PESOS (Php 1, 500.00) only.

SECTION 61. TIME AND MANNER OF PAYMENT.

a) For stalls – The rental fee imposed on market stalls shall be paid on a weekly basis to the City Treasurer or his/her duly authorized representative. The lessee of a stall who fails to pay the rental fee shall pay the surcharge fee of twenty-five percent (25%) of the weekly rental rate due. Notice of non-payment shall be given to the lessee of a stall within ten (10) days of the following month. Notice of closure shall also be given within ten (10) days of the succeeding month in case of failure to pay the rental and surcharge fees. Closure of stalls shall be effected upon expiration of notice of closure for non-payment without need of prior written demand and court action.

b) A goodwill fee of Ten Thousand Pesos (P10,000.00) shall be paid by the legitimate stallholders. The manner of payment shall be twenty-five percent (25%) upon award, another twenty-five percent (25%) upon occupancy and the remaining fifty percent (50%) shall be paid before December 15, 2010. New applicants, on the other hand, shall pay the goodwill fee of Thirty Thousand Pesos (P30,000.00) per square meter, twenty-five percent (25%) of which shall be paid upon the awarding of the stall, another twenty-five percent (25%) upon occupancy and the remaining fifty percent (50%) shall be paid in six equal payments within six (6) months from the date when the stalls are awarded.

CHAPTER V

SYSTEM IN THE AWARDING OF STALLS

SECTION 62. MANNER OF AWARDING STALLS

1.  All open spaces for rent within the public market premises are open to all applicants subject to the authorization and ratification of the Sangguniang Panlungsod upon the recommendation of Board and with the approval of the City Mayor, provided, that first priority shall be given to accommodate the legitimate stallholders in the application and awarding of stall rights. Applicants shall be Filipino Citizens and residents of Calapan City.

2.  The ambulant and transient vendors based on the records of the Public Market Management Office shall be given second preference in the adjudication of stalls in the Calapan City Public Market.

3.  If on the last day set for filing applications, there is still no resident applicant, the stall affected may be leased to any non-resident applicant who filed his/her application first. If there are several applicants, the adjudication of the stalls shall be made through the drawing of lots/ raffles to be conducted by the Board on the date and hour specified in the Notice of Vacancy. The result of the drawing of lots/raffles shall be reported immediately by the Board to the Sangguniang Panlungsod for their information.

4.  The stallholder/ vendor shall be assigned a stall according to the nature of the merchandise/ line of business he/she intends to sell/do.

5.  A stallholder/ vendor shall not be allowed to occupy a stall/ space other than those leased to him/her, and it shall be the duty of the Public Market Management Office to see to it that the stallholder does not occupy other stalls/ spaces.

6.  No person shall be allowed to lease more than one (1) stall. No stallholder shall be allowed to occupy stall other than that leased to him/her. It shall be a violation of this section for more than one member of a family consisting of the father, mother, sons and daughters to hold stalls in one market unless these sons and daughters are living separately from their parents.

7.  In case of a couple having two or more legitimate stalls, they shall be allowed to retain only one of those stalls and register the same in the name of either the husband or the wife, while the rest shall be waived to their nearest kin (up to the 4th civil degree ).

8.  The awarding of vacant stalls/spaces in the Calapan City Public Market shall be done through public raffle to be administered by the Board, if there are more than one applicants applying. If only one applicant, the Board will award the same provided such applicant meets the requirements set by this Code or by the Board.

SECTION 63. ADJUDICATION OF VACANT STALLS TO APPLICANTS. Vacant stalls shall be leased to applicants in the following manner:

1. Notice of vacancy at the stalls or booths shall be posted in the City Hall/Building and Public Market Management Office Bulletin Board for a period of not less than ten (10) days prior to the date of the actual award to qualified applicants to appraise the public of the fact that such stalls or booths are vacant and available for lease. The notice of vacancy shall be written on cardboard, thick paper any suitable material.

2. The Notice of Vacancy to be posted or published shall be written in the following form:

N O T I C E

Notice is hereby given that stall, room, space, booth No. ____, Building No. ____ of the _____________________Section, New Calapan Public Market is vacant (or will be vacant) on __________. Any person duly qualified and desiring to lease this stall, room, space or booth shall file an application therefore on the prescribed form (copies may be obtained from the Public Market Management Office during office hours on ____________,____, after which time no more applications shall be issued. The award of the lease of the vacant stall, room, booth or space shall be determined through raffle to be conducted on _________________, _______ o’clock AM/PM at _______________________________.

3. Interested applicants shall file their application to the Market Supervisor who in turn shall issue an order of payment for application fee to be presented to the City Treasurer’s Office, in the amount of  One Thousand Pesos (P1,000.00), non-refundable from the City Government of Calapan.

4. The application shall be made under oath. It shall be submitted to the Board through the Public Market Management Office by the applicant either in person or through his/her authorized representative.

5.  It shall be the duty of the Market Supervisor IV to keep a Registry Book showing the names and addresses of all applicants for vacant space or spaces, the number and description of the stall/space applied for by them, and the date and hour of receipt of each application. It shall be also the duty of the Market Supervisor IV to acknowledge receipt of the application setting forth therein the time and date of receipt thereof.

6.  Aside from the duly accomplished application form, interested applicants shall also submit the following documents, namely:

a.  Community Tax Certificate

b.  Health Certificate

c.  Barangay Clearance

d.  Voters Affidavit

e.  Police Clearance

f.   Copy of Official Receipt of Payment of Application Fee

g.  Other requirements that may be imposed by the Board

7. The successful applicant shall furnish the Board two (2) copies of his/her recent picture immediately after the award of the lease. It shall be the duty of the Market Supervisor IV to affix one (1) copy of the picture to the application and other copy to the record card kept for the purpose.

8.  The format of the Application to Lease Market Stall shall be written as follows:

APPLICATION TO LEASE MARKET STALL

_______________________

Address

_______________

Date

The City Mayor

Calapan City, Oriental Mindoro

Sir:

I, __________________hereby apply to lease Stall No.____, Building No.____, of the New Calapan Public Market. I am _____________Years Old, a citizen of the ___________and residing at

_____________________________.

Should the above-mentioned stall, room, booth or space be leased to me in accordance with the market rules and regulations, I promise to hold under the following conditions:

a)  That while I am occupying or leasing this stall, room, booth or space, I shall at all times have my picture and that of my helper (or helpers) conveniently framed and hanged up conspicuously in the stall, room, booth or space;

b)  I shall keep the stall, room, booth or space at all times in good sanitary condition and comply strictly with all pertinent market laws, code, ordinances, rules and regulations now existing or which may hereafter be promulgated;

c)   I shall pay the corresponding rents for the stall, room, booth or space, in the manner prescribed by existing ordinance/ code;

d)  I shall not sell nor transfer my privilege to the stall, room, booth or space, or otherwise sublease or permit another person to conduct business thereon;

e)  Any violation on my part or on the part of my helpers of the foregoing conditions shall be sufficient cause for the City Mayor/Board to cancel my lease contract.

Very truly yours,

__________________

Applicant

I, _________________________________do hereby state that I am the person who signed the foregoing application, that I have read the same, and that the contents thereof are true to the best of my knowledge.

__________________

Applicant

SUBSCRIBED AND SWORN to before me this ___ day of _________, ____, at Calapan City, Oriental Mindoro, Philippines, affiant applicant exhibiting to me his/her Community Tax Certificate No.________, issued on _______________at Calapan City, Oriental Mindoro, Philippines.

_______________________

Administering Officer

Doc. No.______;

Page No______;

Book No.._____;

Series of _____.

SECTION 64. AWARD/ADJUDICATION AND THE CONTRACT OF LEASE. Award or adjudication of newly constructed or vacant stall shall be made pursuant to the provisions of this Code. That after the award of any stall, room, booth or space, a contract of lease shall be executed by the City Mayor representing the City Government of Calapan and the awardee, after the latter has complied with all other requirements. The contract of lease shall be substantially in the following form but may be modified to conform to the needs of the Calapan City Public Market as contained herein:

CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This Contract of Lease is made and entered into by and between:

The City Government of Calapan, a public corporation existing under and by virtue of the law of the Philippines, represented in this act by its City Mayor hereinafter called the LESSOR;

-and-

MR/MRS/MISS___________________________of legal age, married / single, Filipino Citizen, and resident of ________________, Calapan, Oriental Mindoro, Philippines, hereinafter called the LESSEE;

W I T N E S S E T H

The LESSEE is an awardee of Stall No. ______ Section of the ______________ Public Market during the raffle of stalls conducted on ____________at ______________. The lessor hereby leases the aforesaid stall in favor of the aforementioned LESSEE, subject to the following terms and conditions:

1.  That this Contract of Lease shall expire on ____________, ____, unless sooner cancelled or revoked for cause;

2.  That LESSEE shall at all times keep the stall in good sanitary condition, provide garbage receptacles and cleaning materials prescribed by the Public Market Management Office, and shall comply strictly with the provisions of this code, and all market laws, ordinances, rules;

3.  The LESSEE shall pay the corresponding monthly rental rates for the stall and shall secure business permit and license therefore in the manner and amount prescribed by this code;

4.  That LESSEE shall be allowed to take possession over his/her awarded stall only upon compliance with all prescribed requirements;

5.  That the business to be conducted in the stall shall be long exclusively to the herein lessee;

6.  That in case herein lessee shall engage the services of helper/helpers, herein lessee shall promptly notify the Board of their presence.

7.  Relinquishing/transferring of privilege over the stall to another person is hereby recognized provided that the following procedures are strictly followed:

a)  Affidavit of Waiver shall be executed by the legal awardee or

occupant;

b)  A duly executed and notaries relinquishment documents must be presented;

c)  The relinquisher / transferer must submit to the Public Market Management Office a clearance from his/her respective organization President;

d)  The relinquisher/transferor shall pay the amount of One Thousand Five Hundred Pesos (P1,500.00) as Transfer Fee. This amount shall be used solely for the improvement of the operations of the Public Market Management Office;

e)  The transferee shall pay the amount of Thirty Thousand Pesos (P30,000.00) per square meter as occupancy fee. This amount shall be solely used for the improvement of the operations of the Public Market Management Office.

8.  That the LESSEE shall not use the privilege to the stall whether directly or indirectly as his/her collateral or security for any loan agreement with any public or private entity.

9.  That at any given time, should the market stall/s be used for purpose other than that which is intended, or remain closed or idle for at least fifteen (15) consecutive days, the same shall be declared abandoned and the lease shall be automatically revoked by the City Mayor.

10.  That non- payment of the monthly rental for three (3) consecutive months after it has become due and demandable shall be sufficient cause for revocation of the lease.

11.   That the LESSEE shall not in any manner alter the structure and/or make any extension of the stall without prior approval of the Board.

12.   That the LESSEE shall secure Electrical Permit for the installation of Electric Meter in the stall leased to him/her and shall correspondingly pay its bills.

13.   That the LESSEE shall provide padlocks and other protective devices to ensure safety of goods to ensure safety of goods and products inside his/her stall.

14.   That the LESSEE shall provide a signboard/billboard in front of his/her stall, the size and design of which shall be prescribed by the Board.

15.   That the LESSEE shall provide Fire Extinguisher (at least 2 Pounds) in each stall except for fish, meat, fruit and vegetable stalls. Ordinances, rules and regulations shall be sufficient cause for the cancellation or revocation of this contract of lease, and the simultaneous closure and/or padlocking of the stall.

16.   That in case of death of the LESSEE, the name of his/her qualified, preferred relative, who will continue his/her business operations at the Calapan City Public Market  is  ________________________________________________________.

IN WITNESS WHEREOF, the parties have hereunto set their hands this _____day of ____________, _____at Calapan City, Oriental Mindoro, Philippines.

BY:

_____________________________                        _____________________________

City Mayor                                                                          Lessee

SIGNED IN THE PRESENCE OF:

______________________________                    ______________________________

A C K N O W L E D G E M E N T

REPUBLIC OF THE PHILIPPINES)

PROVINCE OF ORIENTAL MINDORO ) S.S.

CITY OF CALAPAN )

X- – – – – – – – – – – – — – – – – – – – – – – – X

BEFORE ME, a Notary Public, for and in the City of Calapan, Philippines, this ____, day of ______________, ____, personally appeared Hon. Mayor _____________________, with Community Tax Certificate No. __________, issued at Calapan City, Oriental Mindoro, on ______________, ____, and MR/MRS/MISS ______________________ with Community Tax No. _________ issued at Calapan City, Oriental Mindoro, Philippines on _________________, ____, both known to me and to me known to be the same persons who executed the foregoing instrument and they acknowledge that the same is of their free act and voluntary deed.

The instrument consist of _____________________ (__) pages including this page hereof having been signed by the parties and their instrumental witnesses.

WITNESS MY HAND AND SEAL at the place and on the date first above written.

Doc. No. ______;

Page No. ______;                                                          ____________________________

Book No. ______;                                                                                  Notary Public

Series of ______

CHAPTER VI

NIGHT MARKET

SECTION 65. LOCATION OF THE NIGHT MARKET. The vacant area between Calapan City Public Market and the Public Transport Terminal shall be designated as location of the Night Market.

SECTION 66. BUSINESS HOURS. The Night Market shall operate from five o’clock in the afternoon (5:00 pm) up to three o’clock in the morning (3:00 am).

SECTION 67. KINDS OF STALL MATERIALS. Only light structure and materials which could be easily folded, lifted and removed should be installed since the stay of the occupants is limited and temporary. The City Government of Calapan shall provide the design of the collapsible structure and shall regulate the same to observe safety and aesthetics.

SECTION 68. REMOVAL. All structures, material, paraphernalia and goods displayed must be removed and cleared completely on or before closing time.

SECTION 69. SANITATION. It shall be the responsibility of the occupants to maintain the cleanliness and sanitation of their premises during the duration and immediately after the closing of the Night Market. As such the occupants must observe the following:

1.   Occupants are obliged to place their solid waste in disposable container properly kept at the side of the gutter of the road, its top opening tied or sealed to avoid scattering or spillage for convenient collection by garbage trucks.

2.   Liquid waste must be placed in a container and disposed at the drainage

canals.

3.   No solid waste shall be discharged to the drainage canals.

SECTION 70. PEACE AND ORDER.

1.   While it is understood that occupants are to avoid unruly behavior, however, the City Government of Calapan shall assign security personnel to the Night Market area to maintain peace and order, assistance of the Police Officer shall be called whenever necessary.

2.   In case of emergency of fire conflagration near the vicinity of the Night Market area, occupants must be alert and speedy evacuate their structures and valuables to clear the road for the passage of the fire fighting units and firemen.

SECTION 71. GOODS AND SERVICES NOT ALLOWED IN THE NIGHT MARKET. The following are not allowed at the Night Market.

1.   Livestock

2.   Heavy and Bulky Hardware

3.   Pungent and odorous goods offensive to the smell

4.   Videoke Machine and other form of entertainment

SECTION 72. SECTIONING. The Public Market Management Office shall install proper sectioning of vendors at the Night Market.

SECTION 73. APPLICATION REQUIREMENTS TO OCCUPANTS. An application form at the Public Market Management Office must be filed and approved first to get a Night Market Permit. The following documents shall be required from each applicant.

1.   Community Tax Certificate

2.   Health Certificate

3.   Barangay Clearance

4.   Police Clearance

5.   Voters Affidavit

6.   Other requirements that may be imposed by the Board

SECTION 74. IMPOSITION OF ANNUAL FEES. An annual Registration Fee shall be collected from the qualified Night Market vendors amounting to Three Hundred Pesos (P 300.00) which shall be collected every January of the year.

SECTION 75. LOCATION ASSIGNMENT. Applicants with approved Night Market Permit shall get a location assignment from the Public Market Management Office.

SECTION 76. IMPOSITION OF DAILY FEE. Daily fee shall be collected from Night Market Vendors by the Public Market Management Office as follows:

Food Cart                                  –           P 30.00/night

With Dining Table:

- 4 seaters and less       –                5.00/night

- 5 seaters and more      –              10.00/night

SECTION 77. LIGHTING FACILITIES. All electrical lines shall be provided by the City Government of Calapan in conformity with the National Building Code, Philippine Electrical Code and other applicable laws.

SECTION 78. IMPOSITION OF ELECTRIC FEE. A fee shall be collected daily from all vendors using the electricity from the City Government of Calapan, as follows:

100 watts below                        –           P 15.00

101 watts to 200 watts           –               30.00

More than 200 watts               –           not allowed

SECTION 79. SPECIFIC PENAL PROVISIONS. Violation of the provisions related to Night Market shall be imposed, as follows:

1.  Occupants operating without an approved application shall be imposed a fine of Two Hundred Pesos (P 200.00) and closure;

2.  Non-payment of fees shall subject the occupants to closure of the operation until such that payment due is fully paid;

3.  Non-operation of the occupant for three (3) consecutive nights shall be ground for revocation of the occupant’s Night Market Permit;

4.  Sub leasing of stalls shall be ground for automatic revocation of the occupant’s Night Market Permit.

CHAPTER VII

COMMON COOKING AREA

SECTION 80. LOCATION AND INTENTION. A Common Cooking Area shall be located at strategic area to serve as a common facility of stallholders of Restaurant Section.

SECTION 81. OPERATIONS. The Public Market Management Office shall establish a system in the management of the operations of the Common Cooking Area like designation and distribution of stallholders to each stove in the area, logbook of time and persons entering the area, cleanliness, sanitation and maintenance of the facilities, fire safety precautionary measures, and peace and order security measures among others.

SECTION 82. FEES. The fee for the use of the Common Cooking Area shall be covered by the market stall fees of the stallholders of the Restaurant Section.

CHAPTER VIII

PROMOTIONAL STALLS/BOOTHS

SECTION 83. INTENTION. The City Government of Calapan shall encourage private companies to use the facilities of the Calapan City Public Market to test the viability of their products and services by establishing temporary promotional stalls/booths.

SECTION 84. OPERATIONS. The Public Market Management Office shall establish guidelines for interested companies that will promote their products, such as request letter/proposal of the company, duration of promotional activities, activities to be undertaken like food free taste, product demonstration, customer survey, distribution of brochures and flyers, etc., size of stalls/booths, cleanliness and safety, and identification of location of the stalls/booths, among others. Such guidelines are subject to the approval of the Board.

SECTION 85. PROMOTIONAL FEE. There shall be a Promotional Fee to be charged to interested companies amounting to One Hundred Pesos per day (P100/day).

CHAPTER IX

FOOD CARTS OF FRANCHISE STORES

SECTION 86. Establishment of Food Carts for Franchise Stores within the public market premises shall be encouraged by the City Government of Calapan.

SECTION 87. The Public Market Management Office shall provide the mechanics for establishing food carts of franchise stores such as location of cart, allowable goods for sale, size of cart, fees, and sanitation and cleanliness among others, subject to the approval of the Board.

SECTION 88. A Contract of Lease shall be entered into between the City Government of Calapan represented by the City Mayor and the owner of the food cart subject to the authorization and ratification of the Sangguniang Panlungsod.

CHAPTER X

HAWKER’S PLAZA

SECTION 89. The Hawker’s Plaza shall be located at the back of the Calapan City Public Market. It shall locate the stalls of dried fish section, fruit section, cold storage services section, flowers, plants and garden shop section and electronics and appliance section.

SECTION 90. The operation of all stalls located within the Hawker’s Plaza is subject to related provisions enumerated in this Code.

CHAPTER XI

CITY PUBLIC TRANSPORT TERMINAL (CPTT)

SECTION 91. LOCATION. The CPTT shall be located within the public market premises. It shall serve as the main transport terminal of all public utility vehicles such as jeepney, van, multicab and tricycle among others plying the route going into and outside Calapan City.

There shall be allotted spaces for parking of private vehicles in front of the Calapan City Public Market.

SECTION 923 unloaded. ng area within the market premises that will be the only designated place where all types of marine product. All PUVs with destinations outside Calapan City, may load passengers at the CPTT. Likewise, all PUVs from outside Calapan City may unload their passengers at the CPTT.

SECTION 933 unloaded. ng area within the market premises that will be the only designated place where all types of marine product. Solicitation of passengers by barkers and dispatchers through the use of gadgets such as amplifiers and/or sound systems in places other than the CPTT is hereby strictly prohibited.

SECTION 943 unloaded. ng area within the market premises that will be the only designated place where all types of marine product. Checkpoints or checking booths shall be established in all points of exit as identified by the Board based on the traffic routing scheme. All PUVs passing thereto shall exhibit proof of payment of the Terminal Fee.

SECTION 953 unloaded. ng area within the market premises that will be the only designated place where all types of marine product. Terminal Fees and Parking Fees:

1.  Terminal Fees – The Terminal Fee to be imposed for the use of the CPTT by public utility jeepneys, vans and multicabs shall be Ten Pesos (P10.00) for the first hour and Five Pesos (P5.00) for every succeeding hour.

2.  The Parking Fee for private vehicles shall be Twenty Pesos (P20.00) for the first hour and Five Pesos (P5.00) for every succeeding hour.

SECTION 963 unloaded. ng area within the market premises that will be the only designated place where all types of marine product. Every PUV operator shall be required to display in a conspicuous place the schedule of vehicle departure and arrival for the guidance of the riding public.

SECTION 973 unloaded. ng area within the market premises that will be the only designated place where all types of marine product. Every PUV operator is required to provide a sign board for every destination in a conspicuous place for the guidance of the riding public.

SECTION 983 unloaded. ng area within the market premises that will be the only designated place where all types of marine product. No maintenance services and major repairs on any vehicles should be done inside the CPTT area.

SECTION 993 unloaded. ng area within the market premises that will be the only designated place where all types of marine product. The collection of fees from the operators for the use of terminal shall be paid prior to every departure or use of CPTT facilities.

CHAPTER XII

BAGSAKAN CENTER

SECTION 100. The Bagsakan Center near the Barangay Hall of San Vicente North shall be designated for the unloading poultry, livestock, vegetables, fruits, spices and other agricultural crops intended for wholesale to vendors within the Calapan City Public Market.

SECTION 101. Only licensed vegetable dealers, licensed fruits dealers and/or licensed wholesalers of fruits and vegetables can transact business at the Bagsakan Center, provided however, that legitimate farmer producers or associations can directly sell their products at the Bagsakan Center provided further, that they can present a certification from the City Agricultural Services Department of the legitimacy of their group, otherwise they have to pay also the corresponding Market Entrance Fees, as provided under the Revenue Code of Calapan City.

SECTION 102. It shall be unlawful for any person to intercept or stop a vegetable or fruit producer who is on his/her way to the public market and to dissuade or attempt to dissuade him/her from selling his/her product at the Bagsakan Center, or to buy all or part of his/her vegetables, fruits and other products for the purpose of reselling these goods so bought to the market and claiming that such products are produced from his/her farm.

CHAPTER XIII

FISH LANDING AREA

SECTION 103. There shall be a Fish Landing Area within the market premises that will be the only designated place where all types of marine products shall be unloaded. The Public Market Management Office shall identify the location of the said area subject to the approval of the Board, and manage its operations consistent with the provisions of this Code.

SECTION 104. The Market Entrance Fees enumerated in the Revenue Code of Calapan City shall be applied to all types of marine products being unloaded in the Fish Landing Area.

CHAPTER XIV

THE CALAPAN FREE MARKET DAY

SECTION 105. The City Government of Calapan Free Market Day shall be known as the “KALAP KALAKALAN”.

SECTION 106. COVERAGE. The “KALAP KALAKALAN” shall cover only the designated area to be determined by the Board.

SECTION 107. MANAGEMENT AND SUPERVISION. The control and supervision of the mechanics of the “KALAP KALAKALAN“ shall be the responsibility of the Public Market Management Office.

SECTION 108. MECHANICS:

1.  Any person who wishes to sell any product during the “KALAP KALAKALAN” must secure first a permission to sell from the Public Market Management Office by paying the appropriate fees.

2.  The fee shall be determined by the size of area occupied by the retailer in selling his/her product, with a minimum of one (1) square meter at a rate of Fifty Pesos

(P50.00) per square meter per day.

3.  Products for sale must be classified by product lines whose area will be designated by the Public Market Management Office.

4.  Tents, umbrellas and other materials may be used as covers for the display provided that the putting up and the tearing down of all display materials must be the responsibility of the retailers, making sure that the space assigned to him/her is clean and clear of debris as he/she vacates the place.

5.  For reason of security, threat to public safety and health, the Public Market Management Office has the right to turn down any request for permission or terminate any selling products on “KALAP KALAKALAN”.

6.  The “KALAP KALAKALAN” shall start at five o’clock in the morning (5:00 am) and end at seven o’clock in the evening (7:00 pm) during special events as may be determined by the Board. No more selling of products will be allowed at the close of the “KALAP KALAKALAN”.

SECTION 109. IMPLEMENTATION. For the successful implementation of this “KALAP KALAKALAN”, the Association of Barangay Captains of Calapan City shall be enjoined to disseminate the information to their respective constituents to avail the benefits of the “KALAP KALAKALAN”. The City Agricultural Services Department, City Fishery Management Department, City Trade and Industry Department, City Information Office and other government agencies and instrumentalities shall likewise be requested to promote the “KALAP KALAKALAN” to local farmers, fisherfolks, and micro, small and medium entrepreneurs.

CHAPTER XV

WEIGHT AND MEASURES FEES

SECTION 110. There shall be weight and measure fees herein below mentioned as follows:

Fees for selling of weights measures                                                                      New Rate

With capacity of not more than 30kgs                                                                    P200.00

With capacity of more than 30kgs but not more than 300kgs                        200.00

With capacity of more than 300kgs but not more than 3000kgs                  250.00

With capacity of more than 3000kgs                                                                         500.00

SECTION 111. SPECIFIC REGULATIONS.

1. The use of under weighed scales or the placing of any metal, gadget or concealed materials in a weighing scale, in such a manner as to reflect a greater weight other than the true weight of any goods or merchandise, is prohibited.

2. All weights, measures and similar devices used by any person engaged in trade and commerce involving goods and other commodities, the value of which is determined by weight or measure, shall be registered with the City Treasurer prior to the use of such devices.

3.  All weights, measures and similar devices already registered under the provisions of this Code shall be submitted to the City Treasurer for re-inspection or re-sealing annually.

4.  During official inspection by the market inspector, all scales in the stalls, store or establishment, whether actually being used at the time of inspection or not, are required to be exhibited by the owner/vendor to the inspector. Any scale not exhibited, concealed and/or not voluntarily shown but which was discovered during inspection shall be confiscated and destroyed.

CHAPTER XVI

PENAL PROVISIONS

SECTION 112. PENALTY FOR PROHIBITED ACTS. Any person or persons violating, or causing, inducing or abetting the violation of any prohibitory provisions of this Code shall upon conviction of the court suffer the imprisonment of fifteen (15) days or a fine not exceeding One Thousand Pesos (P1,000.00) or both at the discretion of the court and in case of recidivism, the imprisonment not more than one (1) month or a fine ranging from Two Hundred Pesos (P200.00) to Five Thousand Pesos (P5,000.00) or both at the discretion of the Court.

SECTION 113. CANCELLATION OF LEASE AND EJECTION. Violation of the terms and conditions of the Contract of Lease shall be sufficient cause for the revocation or cancellation of a stallholder’s lease of contract or the right to occupy a stall/booth in the Calapan City Public Market, and his/her automatic ejection there from after due process. Any such stallholder or vendor whose lease right or right occupancy has been cancelled or revoked, or who has been ejected from the stall, room, booth or space he/she is leasing or occupying, cannot anymore occupy any stall, room in the Calapan City Public Market in the future.

SECTION 114. WEIGHTS AND MEASURES. Any stallholder found violating the provisions of existing laws regarding weights and measures shall, for the first offense, be fined One Thousand Pesos (P1,000.00) and required to correct any deficiency in said weights or measures, for the second offense, be fined Two Thousand Five Hundred Pesos (P2,500.00) and for the third offense, shall be revocation of lease contract and automatic ejection from the stall, room, booth or space he/she occupied.

SECTION 115. Any stallholder who fails to pay the rental within the specified prescribed grace period shall pay a penalty of five percent (5%) per month to the rent due and demandable.

CHAPTER XVII

TRANSITORY PROVISIONS

SECTION 116. MANDATORY INCREASE. A ten percent (10%) increase shall be imposed on all stalls every three years.

SECTION 117. MANDATORY REVIEW. A review shall be done every five (5) years upon approval of this Code.

SECTION 118. SEPARABILITY CLAUSE. If for any reason, any part or provision of this Code will be declared unconstitutional or invalid, other provisions not affected thereby shall continue in full force and effect.

SECTION 119. REPEALING CLAUSE. All Ordinances, rules and regulations or parts thereof, in conflict with, or inconsistent with any provisions of this code are hereby repealed, amended, or modified accordingly.

SECTION 120. EFFECTIVITY. This Code shall take effect immediately.

THIS CITY ORDINANCE WAS UNANIMOUSLY APPROVED

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Comments (2)

 

  1. [...] Sangguniang Panlungsod sa pangunguna ni City Vice Mayor “CA” Jojo S. Perez, ang bagong kathang Market Code na magsisilbing gabay sa pagbubukas at operasyon ng bagong tayong City Public [...]

  2. hi just want to inquire if there’s any available space for RTW section, School Supplies Section and for the Rice Section?

    Thanks

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