An Ordinance Imposing Occupancy Fees, Rental Charges to All Qualified Lessee of the Food Park at the Public Terminal Fronting Public Market

May 28, 2018 SAN ISIDRO MUNICIPAL ORDINANCE NO. 095-18 AN ORDINANCE IMPOSING OCCUPANCY FEES, RENTAL AND CHARGES TO ALL QUALIFIED LESSEES OF THE FOODPARK AT THE PUBLIC TERMINAL FRONTING PUBLIC MARKET IN THE MUNICIPALITY OF SAN ISIDRO, LEYTE Introduced by: Committee on Market and Slaughterhouse Chairman: Hon. Enrique M. Gulfan Vice chairman: Hon. Marichu M. Conson Members: Hon. Cecilio C. Ecalla, Hon. Julius Cirilo A. Villorejo, Hon. Carlo Pacito L. Villarino Be it ordained by the Sangguniang Bayan of San Isidro, Leyte, in its regular session, that; SECTION 1. Title. The title of this Ordinance shall be known as "An Ordinance imposing occupancy fees, rental charges to all qualified lessee of the food park at the public terminal fronting public market." SECTION 2. Policy Statement . This Ordinance shall govern and regulate the supervision, administration, control, inspection and examination of foods and drinks for public consumption. SECTION 3. Administration, Supervision and Control . The market administrator shall exercise direct and immediate supervision, administration and control over the food park owned by the Municipality of San Isidro, Leyte and its personnel thereof. The Municipal Mayor, with the approval of the Sangguniang Bayan enter such management and operations agreements with any duly organized Filipino entity as are deemed appropriate and responsive to public interest and service. SECTION 4. Food Park Award Committee . A committee composed of the Municipal Treasurer, Municipal Administrator, Chairman of the Committee on Market and Slaughterhouse of the Sangguniang Bayan, market collector. The chairman of the committee shall be elected among themselves. Its function is to assess, evaluate and screen applicants as lessees of the food park and to award the same if qualified. SECTION 5. Prohibition. No person, entity or corporation other than the Municipality of San Isidro shall engage in the inspection and certification of any consumers for human consumption intended for sale, distribution or disposal within the territorial jurisdiction of the municipality. SECTION 6. Definition of Terms . a. Food court a place where booth and stall constructed to cater barbeque stands. b. Booth refers to two or more contiguous stalls in the food court where foods and drinks are sold or offered for sale. c. Stall a table or small place for selling foods and drinks. d. Section is a series of stalls or booths in the food court. e. Tienda refers to foodstuff and drinks displayed and offered for sale. f. Occupancy Fee the fee imposed by the LGU to the lessee for his right to occupy the stall he is leasing for a certain period of years. SECTION 7. Sanitary Maintenance . The sanitary maintenance and inspection of the food park shall be governed by health and sanitary orders, rules and regulations promulgated by the Municipal Health Officer or as may be adopted from time to time. The market administrator shall see to it that the food park is always kept clean and in a perfectly sanitary condition. The cleaning of the food park premises should be done before the consuming costumers start coming and the cleanliness maintained through the marketing hours. The food park shall at all times be kept free from garbage and rubbish. He/She shall immediately remove or cause the immediate removal of any and all obstruction on the aisles, sidewalks or passageways within the food park. SECTION 8. Toilet Facilities . Food Park shall be provided with a public toilet with two compartments, one (1) for men and another for women, which toilet shall be constructed in accordance with such plans as the MHO or his authorized representative may furnish. These toilets shall be kept at all times in adequate washing facilities must be located near the food park to enable customers to wash their hands before handling and eating the food, especially after coming the toilet. SECTION 9. Lighting . Adequate lighting facilities shall be provided in the food park. However, barbeque stand holders shall provide their own light in their respective booth and a 10 watt-bulb specifically incandescent bulb should be lighted continuously from (5:00 pm to 5:00 am) every day at their own expense subject to existing regulation. SECTION 10. Receptacles . Food park shall be provided with receptacles of the fly and rat-proof type for the collection of garbage and rubbish, placed on the most conspicuous and convenient places in the food park. Individual stall holders shall provide themselves with their own trash receptacles and avoid littering their premises. SECTION 11. Cleaning of Stalls, Booths and Tiendas including the premises thereof including the appurtenance thereto, shall be done by the holders or lessees and their helpers during market hours. All wastes, rubbish, trash and garbage receptacles as provided in the preceding section (section 10) without prejudice to the Municipal Government providing sufficient number of laborers who shall be charged with the proper cleaning of the food park. All activities incident to the cleaning as herein provided shall be under the direction and supervision of the market administrator. At the close of each day's business and before going home, the owners or helpers of any fixed or transient spaces in the food park shall clean their spaces and premises of the land rented to prevent particles of food from lodging in the cracks or in rough places to decompose. SECTION 12. Abandonment and/or Leaving of Goods . Leaving of discarded food products and/or left-over or discards of highly perishable goods in the food park and its premises shall be unlawful and any person found to violate this provision shall be liable under the penal provisions of this ordinance without prejudice to the revocation of the lease award of the stallholder. SECTION 13. Sanitary Protections of Foods for Sale . All kinds of foods, whether cooked, prepared, raw or natural and such goods shall at all times be protected against contamination by flies, other insects, vermin and dirt. SECTION 14. Food Handlers . All persons engaged in the sale and handling of manufactured, prepared or cooked foods, refreshment and drinks in the food court and other eating places in the food park shall at all times observe and follow all health orders, rules and regulations as required by the Municipal Health Office. SECTION 15. Security in and Around the Food Park Premises . The Municipal Government shall provide security guards and watchmen in such number as may be necessary to cope with the security of building, equipment and fixtures, goods and articles in and around the premises of municipal food park, both in the daytime and at night. These security guards and watchmen shall be under the direct supervision and control of the Market Administrator. SECTION 16. Imposition of Rentals, Fees Charges and Manner of Collection . a. The collection of rentals shall be in monthly or daily basis; b. Unpaid rentals within three (3) months period means three demand letters must serve for a consecutive of fifteen (15 days) period. 5% of penalty charges must be imposed. Plastering of notice to vacate in the leased stall shall constitute sufficient notice to vacate on the part of the lessee. All goods stored inside the premises during the termination of this lease shall be immediately removed there from by the lessor at the expenses of the lessee. And the contract to lease shall be automatically cancelled without the need of court action and the lessor shall be entitled to take possession over the premises. SECTION 17. Leasehold Right or Occupancy Fee . One-time payment of occupancy fee means has a 10% discount and non-withdrawable but consumable if incase of insolvency or at business cessation. Food Park has a leasehold right occupancy fee of six thousand (P6,000.00) pesos which is valid for six (6) years of occupying the stall. SECTION 18. Rate and Rental . Food Park stall has a rental rate of nine hundred (P900.00) pesos monthly or thirty pesos (P30.00) in a daily basis. It shall be paid to the Market Collector or to Municipal Treasurer's Office. SECTION 19. Separability Clause . If for any reason, any section or provision of this ordinance shall be held unconstitutional or invalid by competent authority, such judgment or action shall not affect or impair the other section or provisions thereof. SECTION 20. Applicability Clause . All other matters relating to the imposition in this ordinance shall be governed by pertinent provisions of existing laws and other ordinances. SECTION 21. Repealing Clause . All other municipal ordinance or part thereof in conflict with any provisions of this ordinance are hereby amended or modified accordingly. SECTION 22. Effectivity . This ordinance shall take effect upon approval of the Sangguniang Panlalawigan of Leyte. ENACTED BY: (SGD.) ISIDRO C. BALMORIA Municipal Vice Mayor Presiding Officer CONFORMED: (SGD.) CECILIO C. ECALLA SB Member (SGD.) CARLO PACITO L. VILLARINO SB Member (SGD.) JULIUS CIRILO A. VILLOREJO SB Member (SGD.) ALVIN G. VERCEDE SB Member MARICHU M. CONSON SB Member (SGD.) ENRIQUE M. GULFAN SB Member (SGD.) AIDA S. TORING SB Member SONIA R. MENDERO SB Member (SGD.) CARMICHAEL L. VILLARINO LnB Pres./Member I hereby certify to the correctness of the foregoing Municipal Ordinance No. 95-2018 which was duly passed for its Third and Final reading on May 28, 2018. (SGD.) MARIA CARINE R. VILLARINO Secretary to the Sanggunian APPROVED: (SGD.) SUSAN YAP ANG Municipal Mayor Date approved: June 6, 2018 ATTACHMENT CERTIFICATION OF POSTING TO WHOM IT MAY CONCERN: THIS TO CERTIFY THAT, Municipal Ordinance No. 95 , series of 2018 otherwise known as "AN ORDINANCE IMPOSING OCCUPANCY FEES, RENTAL AND CHARGES TO ALL QUALIFIED LESSEES OF THE FOODPARK AT THE PUBLIC TERMINAL FRONTING PUBLIC MARKET IN THE MUNICIPALITY OF SAN ISIDRO, LEYTE." has been posted in three (3) conspicuous places of the Municipality on May 22, 2018 and remained posted to date, in compliance to Art. 114 of the Rules and Regulations Implementing the Local Government Code of 1991. Issued this 11th day of June 2018 at San Isidro, Leyte. (SGD.) MARIA CARINE R. VILLARINO Secretary to the Sanggunian