Tagum City Tourism Code
The Tagum City Tourism Code, enacted on October 12, 2015, aims to establish a comprehensive framework for tourism development in Tagum City, aligning with national and provincial tourism policies. It emphasizes responsible and sustainable tourism practices, including the protection of cultural heritage, environmental conservation, and community involvement. The Code outlines the roles of various stakeholders, establishes the City Tourism Council, and sets standards for accommodation, transport, and tour services. It mandates registration and permits for tourism-related businesses, ensuring compliance with safety and operational standards while promoting Tagum as a premier tourist destination. Additionally, it includes provisions for penalties for non-compliance and emphasizes community-based tourism initiatives to enhance local livelihoods.
Law Information
- Reference Number
- Tagum City Ordinance No. 708-15
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Land
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
October 12, 2015
Before the 6th City Council
Excerpt from the Minutes of the 117th Regular Session of the 6th City Council of Tagum, Province of Davao Del Norte Held on October 12, 2015 at the SP Session Hall.
| PRESENT: | ||
| Hon. Geterito T. Gementiza, MDMG | City Vice Mayor | |
| (Presiding Officer) | ||
| Hon. Francisco C. Remitar, MDMG | Member | |
| Hon. Alan D. Zulueta, DPA | Member | |
| Hon. Nicandro T. Suaybaguio, JR. | Member | |
| Hon. Oscar M. Bermudez, MD, MDMG | Member | |
| Hon. Eva Lorraine E. Estabillo | Member | |
| Hon. Macario A. Bermudez, II | Member | |
| Hon. Agripino G. Coquilla, JR., CE | Member | |
| Hon. Fernand S. Bordios, MSSW | Member | |
| Hon. Ester L. Angoy | Member | |
| Hon. Prospero E. Estabillo, JR. | Member (ABC Representative) | |
| Hon. Damiano L. Cipro | Member (IP Representative) | |
| ON OFFICIAL BUSINESS: | ||
| Hon. Tristan Royce R. Aala, MDMG | Member |
Explanatory Note
Tourism is recognized for its tangible outcomes, built upon a wide variety of attractions, including agro-eco tourism, arts tourism, cultural and heritage tourism, destination tourism, fairs, events and conferences, sports tourism, recreation and more, which have global tourism potential that would contribute to the national tourism blueprint to reach its targets of ten (10) million international and 35.5 million domestic tourists by 2016.
A need to come up with a coherent spatial development framework for tourism that is market responsive, consistent with existing regional and local boundaries, socially inclusive, investment responsive, measurable and significant in the present world economy that will set the direction and infrastructure to sustain the tourism development of the City of Tagum, pursuant to the objectives embodied in Republic Act No. 9593.
Therefore, to encourage and strengthen tourism investment in the City of Tagum, enacting the City Tourism Code of Tagum City is vital.
TAGUM CITY ORDINANCE NO. 708-15
AN ORDINANCE ENACTING THE TAGUM CITY TOURISM CODE.
BE IT ORDAINED by the Sangguniang Panlungsod of Tagum City in its session assembled, that:
ARTICLE I
The Code Policy and Operating Principles
SECTION 1. Title. — This Ordinance shall be known as the TAGUM CITY TOURISM CODE.
SECTION 2. Declaration of Policy. — Pursuant to the implementing Rules and Regulations of the Republic Act No. 9593 otherwise known as the National Tourism Act of 2009, and the Davao del Norte Provincial Ordinance No. 2014-001 otherwise known as the Provincial Tourism Code, it is the declared policy of the City of Tagum to envision Tagum City as one of the top tourism destinations in the country, and for this purpose: HTcADC
1. Protect and conserve the natural environment including its biodiversity;
2. Respect the cultural sensibilities and rights of the Indigenous Communities;
3. Safeguard and preserve the integrity of cultural heritage, historical sites and natural endowments;
4. Involve all stakeholders, community and tourists on the principle of responsible and sustainable tourism;
5. Alleviate poverty by ensuring the grassroots effect of tourism benefits to Tagumenyos;
6. Improve quality of tourism services to be globally competitive;
7. Support sustainable tourism development plans;
8. Ensure that all tourism activities and development plans should reflect the positive Filipino values;
9. Identify, develop and promote existing and potential tourism areas and tourism enterprise zones;
10. Promote teamwork and cooperation among stakeholders to attain common goals and objectives for the common good;
11. Encourage, promote and link community-based tourism support industries to the tourism mainstream;
12. Strengthen through convergence and support the capability of Barangay Local Government Units in mandated tourism functions;
13. Provide incentives and recognitions to private initiatives in the establishment and development of tourism related programs, projects, activities and events, and investments;
14. Develop and factor into the tourism industry highly professionalized and trained human resource components through the concerted efforts and cooperation of both public and private sectors.
SECTION 3. Objectives. — To pursue the above declaration, the City of Tagum shall adopt the following objectives;
1. In consultation with stakeholders and local communities, develop a City Tourism Development Plan that identifies geographic areas in the city with potential tourism value and outlining sustainable tourism approaches to developing such areas, work for its adoption and implementation by the local government, that spread the benefits of tourism contributory to poverty alleviation;
2. Establish and strengthen the role of the City Tourism Council to encourage activities and programs which promote tourism awareness, preserve the city's culture and heritage and instill a sense of history and culture among the communities;
3. Provide employment opportunities to the people through tourism related enterprises;
4. Ensure the right of the people to a balanced and healthy ecology through the promotion of activities geared towards environmental protection, conservation and restoration;
5. Develop responsible tourism industry as a strategy for environmentally-sound and community-participatory tourism programs, enlisting the participation of local communities, including indigenous people, in conserving bio-physical and cultural diversity;
6. Promote environmental education such as providing assistance in the determination of eco-tourism sites and ensuring enjoyment of the benefits of tourism to the concerned communities;
7. Provide assistance by way of competitive investment incentives, long-term development fund and other financing schemes extended to tourism related investments;
8. Ensure that tourism development protects and promotes the general well-being of the Filipino people, particularly in the area of investment, to include the monitoring and prevention of any act of profiteering or speculation detrimental to local residents, as well as the exploitation of women and children in tourism;
9. Encourage competition in the tourism industry and maximize consumer choice ensuring the continued viability of all tourism related establishments;
10. Enhance the collection, analysis and dissemination of data which accurately measure the economic and social impact of tourism in the city to facilitate planning process both in public and private sectors;
11. Promote land and sea transportation policies including civil aviation as they relate to tourism in consonance with existing bilateral agreements and inter-agency pronouncements;
12. Enhance capability-building of the City Tourism Personnel in partnership with the private sector, in the management of local tourism projects and initiatives, thereby ensuring accessible and affordable destination throughout the city;
13. Maintain international standard of excellence in tourism services and promote the city as a safe and wholesome tourist destination;
14. Enhance national and international business linkages to support tourism projects, through partnership, joint ventures and other cooperation involving local and foreign investors;
15. Support the establishment of Tourism Enterprise Zones (TEZs), as mandated by R.A. 9593, which will provide the necessary linkages between the public and private sectors in addressing development barriers, focus investment on specific geographical areas and upgrade product and service quality.
SECTION 4. Operating Principles. — The formulation and implementation of policies, rules, regulations, instructions and directives on tourism shall be guided by the following;
1. As a steward of the city's environment and natural resources, it is everyone's responsibility that all development plans should strictly adhere to existing environmental laws and ordinances to ensure its sustainability;
2. Respect for human rights as a cornerstone for sustainable tourism development, particularly the rights of vulnerable groups such as children, elderly, differently-abled, indigenous people, gay and lesbian sectors and religious sectors;
3. Marketing of tourism products and services shall be dealt fairly with the tourists;
4. The City Government of Tagum shall take responsibility in partnership and cooperation with other government agencies and the private sectors for the improvement, security, administration and management of tourism destinations;
5. All concerned sectors should work to enhance the skills and capabilities of local human resources in response to the needs of the tourism industry;
6. For effective and coordinative approach to tourism development and promotion, all tourism-related endeavors, programs and projects shall be aligned with the thrust and directions of the Tagum City Tourism Development Plan, Provincial Tourism Master Plan and the Department of Tourism's National Tourism Development Plan;
7. All laws, rules and regulations of the City Government of Tagum and its Barangay Local Government Units shall be harmonized and aligned to the program thrusts of the tourism industry. aScITE
ARTICLE II
Coverage, Scope, Definition of Terms
SECTION 5. Coverage. — This code shall govern all tourism related concerns within the territorial jurisdiction of the City of Tagum.
SECTION 6. Scope. — (a) The provisions of this Code shall apply to Tagum City local government unit, Barangay local government units, Non-government Organizations/Civil Society Organizations/People's Organizations, Indigenous People's Organization, Civic Organizations, Professional Groups, Tri-Media, Business Groups, businesses and establishments, natural and juridical persons, directly or indirectly involved in the tourism industry; (b) Local conditions and peculiarities obtaining, the provisions of Republic Act No. 7160 as well as such other relevant and applicable laws, rules and regulations issued by the National Government and the Department of Tourism shall guide this Code in case of ambiguity in the implementation thereof.
SECTION 7. Definition of Terms. — For purposes of this Ordinance, the following terms and definitions are hereby adopted:
1. Accreditation — A certification issued by the appropriate government agency that the holder is recognized as having complied with the minimum standards required by the Department of Tourism (DOT) in the operation of establishments and facilities concerned.
2. Agri Tourism or also referred to as farm tourism is a form of tourism activity conducted in a rural farm area which may include tending to farm animals, planting, harvesting and processing of farm products. It covers attractions, activities, services and amenities as well as other resources of the area to promote an appreciation of the local culture, heritage and traditions through personal contact with the local people.
3. Agri-Tourism/Farm Site — is a working farm producing and/or showcasing raw and/or processed products.
4. Agro Tourism — or also referred to as "Farm Tourism" is a form of tourism activity conducted in a rural farm area which may include visits to and tending to farm animals, planting, harvesting and processing of farm products. It covers attractions, activities, services and amenities as well as other resources of the area to promote an appreciation of the local culture, heritage and traditions through personal contact with the local people.
5. Apartment Hotel(Apartel) — Any building or edifice containing independent and furnished or semi-furnished apartments regularly leased to tourists and travelers for occupancy, on a long-term basis and offering cooking facilities to its tenants.
6. Association — An organization of persons/entities having the subject and promotion of tourism as a common interest duly registered with Securities and Exchange Commission or Cooperative Development Authority or any government agency authorized by law.
7. BFP — Bureau of Fire Protection
8. BID — Bureau of Immigration and Deportation
9. BOC — Bureau of Customs
10. BOI — Bureau of Immigration
11. Business Groups — business group as a group of companies that does business in different markets under common administrative or financial control whose members are linked by relations of interpersonal trust on the basis of similar personal ethnic or commercial background.
12. CAAP — Civil Aviation Authority of the Philippines
13. Capital Resources — refers to availability of capital/financing, transportation, terminals, roads, airports, railroads, harbors and marinas, trails and walkways, water, power, waste treatment and communications.
14. CHO — City Health Office
15. City — refers to the City of Tagum.
16. Civic Organization — Civic organizations are comprised of citizens with common interests who volunteer their services to fill an unmet societal need.
17. C/LTFRB — City/Land Transportation Franchising and Regulatory Board DETACa
18. Compliance Committee — a Committee to be created by the City Tourism Office to conduct an ocular inspection of the property and its immediate premises for the purpose of determining its location, site description, geo-tags, types of services, and its capacities and amenities, and its compliance to the provisions of this ordinance and its Implementing Rules and Regulations.
19. Convention — any gathering for the purpose of exchanging or disseminating views technical expertise, experiences, knowledge, skills, information, policies or any other related activity.
20. CTC/City Tourism Council/Council — refers to the Tagum City Tourism Council.
21. Cultural and Heritage Tourism — is a tool of tourism development that achieves economic growth through attracting visitors from outside a host community, who are motivated wholly or in part by interest in the historical, artistic, scientific or lifestyle/heritage offerings of a community, region, group or institution.
22. Cultural Resources — this includes historic sites, monuments, shrines, cuisine, ethnic cultures, industry, government, religion, and ethnic cemetery, commercial amenities and state buildings and facilities.
23. Day Farms — are farms ideal for day tours/visits usually located near national highways and main business area.
24. Day Spa — is a spa offering a variety of professionally administered spa services to clients on a day use basis.
25. Department Store — a store that sells or carries several lines of merchandise and that is organized into separate sections for the purpose of promotion, service, accounting and control.
26. Destination Spa — is a spa which has for its sole purpose to provide clients with lifestyle improvement and health enhancement through professionally administered spa services, physical fitness, education programming and on-site accommodations where spa cuisine or healthy food is offered.
27. DOT — Department of Tourism
28. DTI — Department of Trade and Industry
29. Ecotourism — a purposeful travel to natural areas to understand the culture and natural history of the environment, a form of sustainable tourism within a natural and cultural heritage area where community participation, protection and management of natural resources, culture and indigenous knowledge and practices, environmental education and ethics, as well as economic benefits are fostered and pursued for the enrichment of host communities and the satisfaction of visitors.
30. Establishment — Refers to any legitimate commercial entity that is engaged in the business of tourism.
31. Farm Product/s — refers to fresh and processed products of the farm.
32. Farm Resorts — are farms that offer accommodation and dining services, for the purpose of participating in or enjoying interactive on-farm activities and other attractions offered to enrich the tourist's farm life experience.
33. Farm Tour — refers to the activity of visiting an agri-tourism/farm site on a day tour, overnight stay or longer period of time for the purpose of participating in or enjoying farm activities and other attractions offered.
34. Homestay — provides travelers with comfortable accommodations with Filipino families in areas near tourist attractions.
35. Hotel — means the building, edifice or premises or a completely independent part thereof, which is used for the regular reception, accommodation or lodging of travelers and tourists and the provision of services incidental thereto for a fee.
36. Human Resources — include hospitality skills, management skills, seasonal labor force, performing local artists (music and arts), craftsmen, other labor skills from teachers to lawyers to researchers, and local populations.
37. Human Resource Infrastructure — these include the warm bodies in the tourism industry, the people operating the various establishments and facilities, the local population whose lives are intertwined with the development of tourism sites in the area as to be projected in the Tagum City Tourism Development Plan, the tourists whose quality of lives are enriched and enhanced by the beauty, the history and the culture of their destinations. HEITAD
38. Inbound Tour — means a tour to or of the Philippines or any place within the Philippines.
39. Indigenous People Organization — Indigenous peoples are those groups especially protected in international or national legislation as having a set of specific rights based on their historical ties to a particular territory, and their cultural or historical distinctiveness from other populations. They form at present non-dominant sectors of society and are determined to preserve, develop, and transmit to future generations their ancestral territories, and their ethnic identity, as the basis of their continued existence as peoples, in accordance with their own cultural patterns, social institutions and legal systems.
40. Law and Regulatory Infrastructure — this component refers to the rules of order necessary to manage and control the tourism industry. These are put in place to protect the industry and the people who are the very reason for the industry — the tourists, the service and amenities providers, and the local population. With laws and regulatory measures, the relationships of tourists and their hosts thus become more harmonious and fulfilling.
41. License — shall mean the privilege or the authority granted by the office of the City Mayor to own, operate and maintain a tourist-related establishment and/or facility covered by this ordinance.
42. LTO — Land Transportation Office
43. MARINA — Maritime Industry Authority
44. Motorist Hotel (Motel) — any structure with several separate units, primarily located along the highway with individual or common parking spaces, where motorists may obtain lodging and, in some instances, meals.
45. Museum — an institutional establishment where a collection of valuable objects and artifacts on history and culture, arts and sciences are put on exhibition for the general public.
46. Office — refers to the City Tourism Office
47. Outbound Tour — means a tour to or any other place outside of the Philippines.
48. PCG — Philippine Coast Guard
49. Pension House — a private or family-operated tourist establishment regularly catering to tourists and/or travelers, containing at least five (5) independent lettable rooms where meals are provided for guests.
50. PhilHealth — Philippine Health Insurance Corporation.
51. Physical Infrastructures — shall include, but not limited to, roads, bridges, administration buildings, toilets and comfort room facilities, parking areas, rest areas, forest tracks, walkways, viewing platforms, cottages, wharves, boat landing facilities, solid waste facilities, security and service facilities, and communication centers.
52. PNP — Philippine National Police
53. Potential Tourist Properties — these refer to sites and attractions not yet developed including but not limited to, rivers, wild animals, waterfalls, caves and rainforests.
54. Professional Congress/Exhibition/Special Events Organizer — shall mean an entity which may either be a sole proprietorship, partnership or corporation, extending to individuals or groups such services pertaining to the management, organization and or conduct of conventions, congresses, seminars, symposia, exhibitions and other special events and/or activities.
55. Quad-Media — refers to Print, TV, Radio Broadcasts and Social Media
56. Registration — a certification issued by the City government of Tagum to any person, partnership, corporation or other entity desiring to keep, manage, operate or engage in any tourism-related business.
57. Resort — any place situated and anchored on a natural setting such as rivers, lakes, mountains, beaches, hillside, or bayside offering food, accommodation, and nature-based activities and recreational facilities for a fee.
58. Resort/Hotel Spa — is a spa owned by and located within a resort or hotel providing professionally administered spa services, fitness, and wellness components.
59. Restaurant — any commercial establishment offering to the public meals, beverages and drinks.
60. Shop — a retail establishment offering specific lines of goods and services.
61. Shopping Center — a group of retail stores and service establishments usually with ample parking facilities and usually designed to serve a community or neighborhood.
62. Shopping Mall — a large building or group of buildings containing many different stores.
63. Souvenir Shop — any licensed commercial establishment which can either be a single proprietorship, partnership or corporation offering a souvenir item or handicraft.
64. Spa — is a facility that exudes a tranquil environment offering various amenities and services intended to relieve stress, pamper the body and make one feel relaxed and rejuvenated to promote a healthier way of life.
65. Sports and Recreational Facilities — these include swimming pools, bowling lanes, tennis courts, pelota or squash courts, golf courses, riding range, aquatic/water sports facilities, fishing, water skiing, and similar facilities forming part of a property.
66. Sustainable Tourism Development — refers to a mode of tourism development in which our resources are utilized to meet the present needs while preserving and sustaining the same so that the same needs can be met and sustained for the next generations.
67. Tagum City Tourism Development Plan — a strategic framework that provides for the orderly and rational development of the tourism activities within a given area, providing the policy and approaches to develop, promote and integrate various programs and projects such as but not limited to accessibility, including infrastructure and transportation; investment and businesses; environment; cultural heritage; tourism products; marketing; human resources development; community development, among others.
68. Tagum City Tourism Zone — an area with existing infrastructure or development as determined by the Sangguniang Panlungsod of Tagum City.
69. TIEZA — Tourism Infrastructure and Enterprise Zone Authority (TIEZA), a government corporation created pursuant to Chapter IV-B of R.A. 9593.
70. TMO — Traffic Management Office
71. Tour Agency — a commercial entity licensed by the City to extend services pertaining to packaging, organizing, handling and conduct of tours, arrangements of booking for transportation, accommodation, tour guides, and other related services incidental to the conduct of said tours.
72. Tour Guide — an individual licensed by the City to guide tourists for a fee.
73. Tourism — a major city activity in which private sector investment, effort and initiative are encouraged, fostered and supported and through which socio-economic development may be accelerated and the appreciation of the city's natural beauty, history and culture appreciated with greater pride and commitment.
74. Tourism Industry — refers to industries or business enterprises providing goods and services to tourists and all types of travelers while they stay, travel, visit and enjoy the facilities and destinations.
75. Tourist Inn — a lodging establishment catering to transients which does not meet the minimum requirements of an economy hotel.
76. Tourist Transport Operator — an entity that may either be a single proprietorship, partnership, or corporation extending to individuals or groups such services pertaining to tourist transportation.
77. Travel Agency — a commercial enterprise where a traveler can secure information and expertise, get partial or impartial counseling, and make arrangements to travel by air, sea or land to any point in the world.
78. Travel and Tour Agency — a licensed commercial entity extending services pertaining to tours and its various components, and travel arrangements to any point in the world.
ARTICLE III
The Tourism Infrastructure
SECTION 8. Physical Infrastructure. — The City Government of Tagum, the Barangay Local Government Units and private stakeholders shall promote and encourage the construction of tourism-related establishments and facilities either through public or private funding, or both in the areas of jurisdiction. Towards this end, they shall:
1. Enhance land, air and sea travel connecting tourist destinations through construction and expansion of adequate road networks and terminals, as well as seaports, for passengers and cargoes;
2. Enhance the provision of basic utilities such as water, energy, power and communication facilities;
3. Implement an integrated and functional solid waste and sewerage management system in tourist destinations;
4. Improve transport facilities through strict implementation and monitoring of land and sea transportation, and environmental laws, rules and regulations;
5. Sustain the potable water sources and systems in the protection, rehabilitation and management of watershed areas of the city;
6. Create a web portal of the city linking all barangays and other stakeholders;
7. Identify and create a tourism investment zone, brown field tourism zone and ecotourism zone; ATICcS
8. Establish Pasalubong Centers, local museum and other facilities that would exhibit and showcase the history, culture and ingenuity of the locales;
9. Ensure compliance to the prescribed and appropriate standard guidelines for the existing and new tourism-related establishments;
10. Encourage the establishment of one-stop-shops and promotion of products available in the barangays;
11. Build new and upgrade existing facilities, human resource components, capacity and capability building for health care services, emergency responses and safety of the tourists and local residents including the establishment of local tourism information and assistance centers; and,
12. Improve and maintain roads, road and traffic signs, general route information and land marks for guidance and safety of the travelers.
SECTION 9. Human Resources Infrastructures. — Acknowledging tourism as a major factor in income and employment generation in the City of Tagum, all Barangay Local Government Units are therefore strongly encourage to promote barangay-based tourism and provide sufficient budgetary allocation. The creation or strengthening shall be geared towards the fulfillment of the needs of the key players and stakeholders of the tourism industry. Towards this end, both the City Government, Barangay Units and the stakeholders in tourism of the City of Tagum shall join hands to:
1. Provide financial and technical support for the professionalization of services and skills of tourism industry workers;
2. Organize and train team of local trainers to capacitate and improve delivery of services of tourism front liners such as tourism officers, transport operators, tour guides, drivers, sea farers, porters and the like;
3. Implement the certification and accreditation system as provided in the implementing rules of R.A. 9593 to regulate the quality of service and skills provided by front liners and other tourism industry workers;
4. Incorporate the culture of tourism and values formation in all levels of education starting with the elementary or primary level;
5. Implement guidelines, rules and regulations for the construction of accommodation facilities including shopping centers, health care centers, emergency and safety facilities, recreation, entertainment and restaurants conforming to the building code and other environmental laws.
ARTICLE IV
Creation of Tagum City Tourism Council
SECTION 10. City Tourism Council. — There is hereby created a Tagum City Tourism Council which shall be the highest coordinating and policy formulating body on tourism in the City of Tagum.
SECTION 11. Composition. — The City Tourism Council shall be composed of the following:
| Chairperson | - | City Mayor or his duly representative |
| Co-Chairperson | - | Private Sector appointed by the City Mayor |
| Vice Chairperson | - | SP Member (Chairperson, Committee on Tourism |
| & Sisterhood Ties) |
Members for Government Sectors:
1. Chief of Police, Philippine National Police
2. City Health Officer
3. City Planning and Development Officer
4. City Engineer
5. City Environment and Natural Resources Officer (CENRO)
6. City Superintendent, DepEd
7. City Information Officer
8. City Indigenous People Mandatory Representative
9. ABC President
10. City Investment and Promotion Office (CIPO)
11. City Agriculturist — CAGRO
Members for Private Sectors:
1. President/Permanent Rep., Hotels, Resorts, Restaurants & Bars Ass'n.
2. President/Permanent Representative, Universities and Colleges Association
3. President/Permanent Rep., Association of Technical Institutes of Davao
4. President/Permanent Representative, Tagum City Chamber of Commerce
5. President/Permanent Representative, Travel and Tour Agencies Association
6. Permanent Rep., Civic Org'ns. (Rotary Club, Kiwanis, Jaycees, Lions, Soroptimist Intl.) (ONLY 1 REP. AMONG THE 5)
7. Permanent Representative, Tagum City Gay Association
8. Permanent Representative, Women Organization
9. President/Permanent Rep., Civil Society Org'n. CSO
10. Permanent Representative, Private Hospitals and Clinics
SECTION 12. All Presidents or Permanent Representatives for this purpose must be a resident and a registered voter of Tagum City.
SECTION 13. Meetings and Quorum. — The Tagum City Tourism Council shall meet as frequently as necessary to discharge its duties and responsibilities, but shall meet regularly once a month. A presence of eight (8) members of the council called upon by the Chairperson with prior written notice shall constitute a quorum as long as the majority came from the government sector. The Chairperson may motu proprio call for a special meeting when the need arises.
SECTION 14. Functions and Duties of the Tagum City Tourism Council. — The Tagum City Tourism Council shall have the following duties and functions:
1. Formulate the Tagum City Tourism Development Plan;
2. Formulate tourism-related policies;
3. Source out funds for tourism programs;
4. Develop an incentive system for tourism investment and recommend proposals for legislation;
5. Create committees if necessary to assist the City Tourism Council;
6. Assist the Department of Tourism (DOT) in monitoring compliance of the standards and regulations set for accommodation establishments;
7. Assist DOT in the classification and evaluation of tourist destinations and sites in the City of Tagum;
8. Promote the City of Tagum and its tourist destinations including festivals and events in the local and international market as well as exchange visit programs;
9. Coordinate with the City Government of Tagum for the regular assessment, monitoring and evaluation of tourism enterprises and recommend appropriate measures for improvement;
10. Commission research studies and surveys to analyze economic conditions, trends, data bank and competitiveness of our tourism industry and promote historical and cultural development of the City of Tagum;
11. Provide travel advisories and help in the promotion for the awareness of the benefits of tourism through Quad-Media;
12. Formulate internal rules and regulations pertaining to its operation, members' code of conduct and granting of incentives.
13. To oversee in the conduct of trainings and seminars for personnel in all tourism related establishments in the City of Tagum;
14. To recommend the installation of highly visible road directions, signages and billboards, including repairs and maintenance leading to various destinations of the city;
15. To encourage organizations to perform a local dance and music group with the support of private sectors, especially the indigenous people and the muslim communities;
16. To oversee the operation of all licensed tour operators for the promotion of various tourist destinations. TIADCc
SECTION 15. Secretariat. — The City Tourism Office personnel shall be the Secretariat, with the City Tourism Officer being its head, and Ex-Officio Member of the City Tourism Council.
SECTION 16. Funding. — For the operationalization of the Tagum City Tourism Council and its Secretariat and the Technical Working Group, for purposes of supplies, food, transportation, honoraria and other related expenses, shall be provided under the regular budget an amount not less than ONE MILLION PESOS (P1,000,000.00) subject to COA and Accounting rules and regulations.
SECTION 17. Compensation of the Council Members. — Tagum City Tourism Council members shall be entitled to receive reasonable honorarium of One Thousand Pesos (P1,000.00), to be determined by the Tourism Council, for attendance at regular Council meetings; and further whose funds shall be allocated yearly, as approved in the regular annual budget of the City Government;
The private sector members of the Tourism Council shall also be entitled to receive reasonable honorarium of One Thousand Pesos (P1,000.00) for attendance at regular meetings. Attendance in meetings of any Committee created by and composed of members of the Tourism Council shall be considered as attendance in Council meetings, provided, that in regular meetings of the Council, no proxies shall be allowed.
ARTICLE V
General Administrative Provisions
SECTION 18. Administrative Objectives. — The Tagum City Tourism Office shall process and recommend to the City Mayor for approval the application of any person, partnership, or corporation or other entity to maintain, operate, or engage in the business, or related to, tourism within the territorial limits of Tagum City. The objectives of this provision are:
1. To ensure the proper development of the tourist and hospitality industries bearing in mind the interest of the environment, community, and the economic implications of such;
2. To administer and carry out the formal requirements of the ordinance and be responsible to the City Government to monitor and make policy adjustments to meet the ongoing needs of the public and the industry;
3. To provide a system with legal technicality as may be practicable for the administration of this ordinance;
4. To provide a legislative framework which will develop and improve tourism services and facilities and minimize the abuse of this ordinance.
SECTION 19. Registration and Mayor's Permit — No person, natural or juridical, shall keep, manage or operate any building, edifice or premises or a completely independent part thereof, for the purpose of engaging in the business of, or related to, tourism without first having issued a certificate of registration by the Office and a mayor's permit to operate as such by the City Mayor. Such application for registration and mayor's permit shall be processed in accordance with the procedures provided in the Revenue Code and in this ordinance. In this connection, all tourism activities in Tagum City or any entity violating this provision shall be subjected to the penalties herein provided.
SECTION 20. Confidential Character of Certain Data.— Information and documents received by and filed under this ordinance shall be treated as confidential and shall not be divulged to any private party without the consent of the party concerned or upon the order of the Tagum City Tourism Office or as ruled by the court of justice as the case maybe.
SECTION 21. Copy of Ordinance Made Available for Inspection. — Every company, firm, and/or related establishment engaged in the business of, or related to, tourism shall keep a copy of this ordinance open to inspection whenever any of its guests or clients shall request to be shown a copy thereof.
SECTION 22. Power to Hear and Resolve Complaints. — Any complaints filed to the office involving primary and secondary enterprises by guests/clients for violation of any of the provisions of this ordinance or circulars issued by the office shall be endorsed to the City Legal Office for legal action and proper disposition and resolution of the case, in accordance with its rules and procedures governing complaints.
SECTION 23. Submission of Reports and Other Documents. — Every company, firm, and/or establishment categorized as Primary Enterprise, and other enterprises that may be required shall mandatorily submit within the time specified herein four (4) copies of the following reports and documents:
1. Articles of Incorporation and Constitution and By-laws, Articles of Partnership or any amendments thereof, as the case may be, within five (5) days from the date of the original registration and/or amendment with the appropriate government agency;
2. Replacements of any Director or other principal officers of the corporation, partnership or association, with the indication of nationality of each new officer, and accompanied by a copy of his certificate of citizenship, if a naturalized Filipino, within five (5) days after replacement;
3. Replacements/resignations/separation of the managers, the assistant manager, or any other member of the staff within three (3) days after the change;
4. Any change in the personnel complement stating the respective designation, salaries (including other compensation), nationalities, home addresses, within five (5) days from such changes;
5. Any change in the dimension of office measurement, office extensions and/or transfer of address;
6. Monthly reports of actual number of arrivals, guests/clients serviced and other data as may be required by the Office shall be submitted on or before the fifth (5th) day of the month.
SECTION 24. Code of Ethics. — Both primary and secondary enterprises, owners/keepers/managers and/or their sectoral associations/councils, if any, shall formulate a Code of Ethics within thirty (30) days from the date of approval of this code which shall govern the conduct of their respective members in dealing with one another and the conduct to be observed by their staff or employees toward each other and their clients. A copy thereof shall be submitted to the Office within thirty (30) days from the adoption of such Code of Ethics.
SECTION 25. Enlistment of Aid, Assistance and Support of Other Government Agencies. — In the implementation of the provisions of this ordinance and circulars and enforcement of orders and decisions, the Office may enlist the aid, assistance and support of any and all government agencies, whether civil or military.
ARTICLE VI
Accommodation Establishments
CHAPTER I
Star Grading System for Hotels, Resorts and Apartment Hotels
SECTION 26. Classification of Hotels. — For purposes of accreditation, hotels are hereby classified into the following categories, namely:
|
Star Grading
|
Total Score (Hotel, Resort, Apartel)
|
|
|
|
|
1 star
|
251-400 points
|
|
2 star
|
401-550 points
|
|
3 star
|
551-700 points
|
|
4 star
|
701-850 points
|
|
5 star
|
851-1000 points
|
SECTION 27. Five Star Grading System. — There are five (5) levels of accommodation standards ranging from one to five stars. The star bands for Hotels, Resorts and Apartment Hotels are as follows:
1. One Star: 25-40% achievement (251 to 400 points) — These enterprises appeal to budget minded travellers. There is a limited range of facilities and services.
2. Two Star: 40-55% achievement (401 to 550 points) — These enterprises appeal to the tourists seeking more than basic accommodation. They offer expanded facilities and higher level of comfort.
3. Three Star: 55-70% achievement (551 to 700 points) — These enterprises offer a very good level of accommodation. There are more spacious public areas, higher quality facilities and a greater range of services.
4. Four Star: 70-85% achievement (701 to 850 points) — These properties are upscale in all areas. Accommodation is refined and stylish. Service is responsive, often including an extensive array of facilities.
5. Five Star: 85-100% achievement (851 to 1,000 points) — These properties reflect the characteristics of luxury and sophistication. The facilities are world class in every manner and the meticulous service exceeds all guest expectations.
CHAPTER II
Accreditation Standards for Hotels
SECTION 28. The accreditation standards for hotels shall be in conformity with the National Accommodation Standards of the Department of Tourism (DOT).
CHAPTER III
Registration
SECTION 29. Application for Registration. — Any person, partnership, corporation or other entity desiring to keep, manage or operate any building, edifice, premises or an independent part thereof, for the purpose of engaging in a tourism-related business, shall accomplish in quadruplicate and file with the Office an application form for registration prescribed for the purpose.
SECTION 30. Application Executed under Oath. — Where the application is made by a corporate body, partnership, association or other entity, it shall be signed by the person duly authorized to act for and in behalf of the applicant.
SECTION 31. Defective Applications. — Failure of the applicant to properly accomplish the application forms shall be sufficient ground for its disapproval.
SECTION 32. Supporting Documents to be Submitted with the Application. — Unless otherwise indicated in the form, the application shall be accompanied by four (4) copies of the following documents:
1. In case of a corporation, partnership, single proprietorship, a certified copy of their Article of Incorporation and By-laws, Articles of Partnership or Association duly registered with the Securities and Exchange Commission or other government registering agency, as the case may be.
2. Resolution of the Board of Directors of the corporation, association or other entity authorizing the filing of application and designating its representative authorized to act for and in its behalf.
3. Sworn certificate of list containing the names of the manager, assistant manager and their respective designations, nationalities, home addresses, and accompanied by a passport size photo of each of them.
4. Such other papers or documents as may be required by pertinent laws, rules and regulations, and circulars.
SECTION 33. Application Entry Book. — The Office shall provide itself with a record book in which shall be entered, in chronological order, the names of applicants applying for registration and the corresponding filing date and hour of application.
SECTION 34. Ocular Inspection. — Upon receipt of its application, the Office shall create a Compliance Committee to conduct an ocular inspection of the property and its immediate premises for the purpose of determining its location, site description, geo-tags, types of services, and its capacities and amenities, and its compliance to the provisions of this ordinance and its Implementing Rules and Regulations.
SECTION 35. Checklist to be Accomplished During Ocular Inspection. — The Committee shall provide itself with a set of the checklist. All the deficiencies found and the requirements complied with shall be noted in triplicate.
SECTION 36. Observations to be Entered in the Checklist. — Any observation of the applicant or his duly authorized representative present at the time of the inspection, or any adverse finding of the Committee, shall be entered in the checklist.
SECTION 37. Triplicate Copy of Accomplished Checklist to be Given to the Applicant. — At the close of the inspection, the Office and the applicant or his duly authorized representative present at the time of the inspection shall sign all copies of the checklist. Thereafter, the Office shall deliver to the applicant or his duly authorized representative the triplicate copy thereof. SDAaTC
SECTION 38. Report of the Committee. — Within five (5) days from the date of the inspection of the building, edifice and its immediate premises, the Committee shall render a report of its findings and/or recommendations to the Office concerned. The applicant shall be furnished a copy of the report of the Committee. Within three (3) working days from the receipt of the copy of the report of the Committee, the applicant may submit a comment thereon, specifying in detail the portion/s of the report where there are any objections. The comment of the applicant shall be coursed through the Office.
SECTION 39. Decision of the Committee. — The Committee shall decide the Application within Ten (10) days from receipt of the recommendations in such manner that the applicant may know the various issues involved and the reasons for the decision rendered.
SECTION 40. Condition to be Satisfied to Merit Issuance of Certificate of Registration and Mayor's Permit. — No certificate of registration and Mayor's Permit as a tourism-related business shall be issued unless the applicant has passed all the conditions provided in this ordinance, the Fire and the Building Code, and other existing city ordinances.
SECTION 41. Recommendation by the Office. — If the applicant has satisfactorily complied with the requirements prescribed for the business, the Office shall issue a Certificate of Registration, and shall recommend to the City Mayor the issuance of a Mayor's Business Permit to operate as a tourism-related business upon payment of the registration fee prescribed in this ordinance and its Implementing Rules and Regulations.
SECTION 42. Validity of Certificate of Registration. — The certificate of registration shall be applied and paid only once, prior to its commercial operation. However, if the establishment ceases to operate for more than a year, said establishment shall re-apply for a new Certificate of Registration, except that they maintain the same business name.
SECTION 43. One Time Mandatory Registration Fee for Accommodation Property. — The following schedule of registration fees shall be collected from applicants who have complied with the requirements:
| a. | FIVE STAR |
P10,000.00
|
| b. | FOUR STAR |
P8,000.00
|
| c. | THREE STAR |
P6,000.00
|
| d. | TWO STAR |
P4,000.00
|
| e. | ONE STAR |
P2,000.00
|
| f. | INNs/Motels/PENSION HOUSE |
- 1,500.00
|
| g. | DORMITEL |
- 1,000.00
|
| h. | HOMESTAY |
- 500.00
|
SECTION 44. Annual Regulatory Fee for Accommodation Property. —
| a. | FIVE STAR |
P2,000.00
|
| b. | FOUR STAR |
P1,800.00
|
| c. | THREE STAR |
P1,600.00
|
| d. | TWO STAR |
P1,400.00
|
| e. | ONE STAR |
P1,200.00
|
| f. | INNs/Motels/PENSION HOUSE |
1,000.00
|
| g. | DORMITEL |
500.00
|
| h. | HOMESTAY |
200.00
|
CHAPTER IV
Regulation, Control and Supervision of the Operation of Accommodation Establishments.
SECTION 45. Display of Certificate of Registration and Business Permit. — The Certificate of Registration, and Business Permit of the establishment shall be displayed in a conspicuous place visible enough for the public to see.
SECTION 46. Signboard. — All tourism-related businesses shall keep a signboard displayed in a conspicuous place outside the business establishment showing the name and nature of the business.
SECTION 47. Guest Registration. — No person shall occupy or be permitted to occupy a room in an accommodation establishment, unless personal circumstances and other particulars of the guest have been entered in the property registry book or card.
SECTION 48. Entry of Particulars. — Managers, operators, or their assistants shall ENCOURAGE every guest seeking accommodation in the property to, and every guest shall, furnish the following minimum particulars to be entered in the registry book or card:
- Full name
- Contact numbers
- Any valid IDs
- The place of origin and permanent regular or known address
- The probable duration of stay and intended destination
- Occupation and place of employment
- Nationality, and
- The hour and date of arrival.
The Office, from time to time and as the need arises, may require other particulars to be entered in the registry book or card.
SECTION 49. Time of Entry of Particulars. — Before the guest is allowed to occupy the room, the particulars prescribed in the preceding section shall be entered forthwith in the registry book or card by such guests, or if he is not able to write, it shall be done by the property keeper, manager or clerk, and in either case, the entry shall be signed by the guest or, should he be unable to write, authenticated by his right thumb print. Provided, that in the case of group tours, the leader may accomplish such duty by attaching the list of the participants. Provided, further, that in the case of families, only the head of the family shall be registered.
SECTION 50. Registration of Visitors Invited by Property Guests. — Any visitor invited by a guest to stay in his room shall register in a separate book for visitors, in which shall be entered the name, address, and other particulars of the visitor.
SECTION 51. Minors to be Accompanied by Parent or Guardian. — No business establishment shall accept for lodging or accommodation any person below 18 years of age unless accompanied by a parent or guardian.
SECTION 52. Entry of Date and Time of Departure. — The Front Desk officer/property keeper/manager/operator or assistant shall, upon departure of his guest to any destination, while checked in shall record his destination, time, and date of departure.
SECTION 53. False Entry in Property Registry Book or Card. — No manager shall enter or cause to be entered in the registry book or card any information or particulars which he knows or could, by the exercise of reasonable diligence, have ascertained to be false.
SECTION 54. Guest Suffering from Dangerous and/or Contagious Disease. — The manager, or employee on duty in the absence of assigned medical practitioner of the hotel shall immediately report to the City Health Office and/or the Philippine National Police (PNP), or refer to the nearest hospital, any guest, who is found/suspected to be suffering from a contagious and/or infectious disease. Thereupon, he shall carry out all precautions and directions given by the City Health Office/Hospital to prevent the spread of the disease.
SECTION 55. Death in the Property. — The manager or operator and/or employee on duty shall immediately report to the nearest police station the death of any person in the property. A copy of the report shall be transmitted forthwith to the Office. acEHCD
SECTION 56. Gambling and Disorderly Conduct. — Property keepers, managers, or operators shall exert all efforts not to allow prohibited games or gambling of any form, drunkenness, or disorderly conduct of any kind, in the property and its immediate premises. Littering shall be strictly prohibited. Accommodation establishment owners shall keep their premises clean and shall adopt their own anti-littering measures.
SECTION 57. Prostitution and Other Immoral/Illegal Activities. — Property keepers, managers, or operators shall exert all efforts not to allow any person whom they know or have reason to believe to be either a prostitute, a pedophile or of bad character to occupy a room in the property, or to frequent the premises. They shall immediately report to the nearest police station the presence in the premises of any such undesirable person to protect the interest of the greater good.
SECTION 58. Liability of Property Keepers/Managers for Acts or Omissions of Employees. — Without prejudice to the provision of existing laws, the management shall be administratively liable for the acts or omission of any member of the staff committed against the guests/clients of the property, but such complaints/allegations shall be substantiated with due process. They may, however be exempted from liability if it can be established that they exercised the diligence of a good father of a family in the supervision of the erring employee.
SECTION 59. Training Program for Property Staff. — All establishments shall undertake to provide a staff training program designed to acquaint the staff about their respective duties and know what is expected of such employee.
CHAPTER V
Operations and Management of Accommodation Establishments
SECTION 60. Maintenance and Housekeeping. — Maintenance of all sections of the accommodation establishment shall be of acceptable standard and shall be on a continuing basis, taking into consideration the quality of materials used as well as its upkeep.
Housekeeping shall be of such a standard ensuring well-kept, clean and pollution-free premises. A vermin control program shall be regularly maintained in all areas of the accommodation property. Regular and hygienic garbage disposal system shall be maintained. Sanitation measures shall be adopted in accordance with the standards prescribed on sanitation, and the regulations of the City Health Department.
SECTION 61. Medical Services. — As provided for in this ordinance, hotel and accommodation facilities depending on their classification shall provide the services of a registered nurse or an on-call physician, to ensure the safety and protection of its clients/guests, including its staff. In addition, resorts shall employ adequate first-aid personnel who have completed a course in first aid duly certified by the Philippine National Red Cross or any recognized organization training or promoting safety objectives.
SECTION 62. Lifeguard, Safety and Security. — All accommodation properties with swimming pools and beach areas shall provide the services of a sufficient number of well-trained lifeguards duly accredited by either the Philippine National Red Cross, the Water Life Saving Association of the Philippines, or any recognized organization training or promoting safety objectives, and adequate security wherever there are guests, as determined and recommended by the Office.
SECTION 63. Fire Fighting Facilities. — Fire-fighting facilities shall be provided in accordance with the Fire Code of the Philippines.
SECTION 64. Designated Area. — The owner of the accommodation establishment or his duly authorized representative shall designate a portion of the premises to be used exclusively for loading and unloading of guests, unless otherwise designated elsewhere by rules and regulations specific to the area.
SECTION 65. Prohibition on Peddling. — Accommodation establishment owners shall strictly prohibit ambulant vendors from peddling their ware within the accommodation establishment in order to provide their guests a certain degree of privacy to enable them to relax and enjoy their stay. EcTCAD
CHAPTER VI
Classification and Standard Requirements for Resorts
SECTION 66. Kinds of Resorts. — Resorts may be categorized as follows:
a. Beach Resort
b. Inland Resort
c. Riverside Resort
d. Mountain Resort
SECTION 67. Classification of Resorts. — For purposes of accreditation, resorts are hereby classified into the following categories, namely:
|
Star Grading
|
Total Score (Hotel, Resort, Apartel)
|
|
|
|
|
1 star
|
251-400 points
|
|
2 star
|
401-550 points
|
|
3 star
|
551-700 points
|
|
4 star
|
701-850 points
|
|
5 star
|
851-1000 points
|
SECTION 68. Five Star Grading System. — There are five (5) levels of accommodation standards ranging from one to five stars. The star bands for Hotels, Resorts and Apartment Hotels are as follows:
1. One Star: 25-40% achievement (251 to 400 points) — These enterprises appeal to budget minded travellers. There is a limited range of facilities and services.
2. Two Star: 40-55% achievement (401 to 550 points) — These enterprises appeal to the tourists seeking more than basic accommodation. They offer expanded facilities and higher level of comfort.
3. Three Star: 55-70% achievement (551 to 700 points) — These enterprises offer a very good level of accommodation. There are more spacious public areas, higher quality facilities and a greater range of services.
4. Four Star: 70-85% achievement (701 to 850 points) — These properties are upscale in all areas. Accommodation is refined and stylish. Service is responsive, often including an extensive array of facilities.
5. Five Star: 85%-100% achievement (851 to 1,000 points) — These properties reflect the characteristics of luxury and sophistication. The facilities are world class in every manner and the meticulous service exceeds all guest expectations.
SECTION 69. Accreditation Standards for Resort. — The accreditation standards for resorts must be in conformity with the National Accommodation Standards of the Department of Tourism.
SECTION 70. General Rules on the Operation and Management of Resorts. —
1. n Maintenance and housekeeping — Maintenance of all sections of the resort shall be of acceptable standard, and shall be on a continuing basis, taking into consideration the quality of materials used as well as its upkeep. Housekeeping shall be of such a standard ensuring well-kept, clean and pollution-free premises. A vermin control program shall be regularly maintained in all areas of the resort. Regular and hygienic garbage disposal system shall be maintained. Sanitation measures shall be adopted in accordance with the standards prescribed under P.D. 856, Code on Sanitation of the Philippines.
b. Lifeguard and Security — All resorts shall provide the services of a sufficient number of well-trained lifeguards duly accredited by either the Philippine National Red Cross, the Water Life Saving Association of the Philippines or any recognized organization training or promoting safety objectives, and adequate security whenever there are guests.
c. Medical Services — All resorts shall provide the services of a physician, either on-call or on full-time basis, depending on their volume of operation and accessibility to hospital or medical centers. In addition, resorts shall employ adequate first-aid who has completed a course in first aid duly certified by the National Red Cross or any organization accredited by the same. Adequate first aid medicines and necessary life-saving equipment shall be provided within the premises.
d. Fire-fighting Facilities — Fire-fighting facilities shall be provided in accordance with the Fire Code of the Philippines.
e. Signboards — Appropriate signboards shall be conspicuously displayed outside the establishment showing clearly the name and classification of the resort as determined by the Department.
f. Beach resort — there shall be placed on a beach resort an adequate number of buoys which shall be spread within the area to be determined by the resort owner or keeper as safe for swimming purposes, and in compliance with existing government regulations and/or local ordinances on the placing of such buoys.
g. Designated area — The distance fronting the area of the resort with adequate number of buoys as provided in the preceding section shall be designated as the area for swimming purposes, and no boat, banca or other crafts shall be allowed to enter the area designated. The resort owner or his duly authorized representative shall be empowered under these rules to enforce the above, and shall likewise designate a portion of the beach front to be used exclusively for loading and unloading of resort guests, unless otherwise designated elsewhere by rules and regulations specific to area.
h. Precautionary measures
1. Night swimming at the pool/beach shall be allowed only if there are adequate lifeguards on duty and when the pool/beach premises are sufficiently lighted.
(2) Management shall post sufficient and visible signs in strategic areas in the resort or at the beach to warn guests/customers of the presence of artificial or natural hazards, danger or occurrences thereat.
9. n Prohibited acts and practices.
1. Resort owners shall prohibit ambulant vendors from peddling their wares within the resort premises in order to provide their guests a certain degree of privacy to enable them to relax and enjoy their stay thereat.
2. Littering in resort shall be strictly prohibited. Resort owners shall keep their premises clean and shall adopt their own anti-littering measures.
3. Without prejudice to existing ones no resort shall be established or constructed within a radius of five (5) kilometers from any pollution-causing factory or plant.
4. In the proper observance of RA 9003, kitchen wastes and other waste materials shall be properly addressed by the Resort owners by not allowing it to flow directly to shore lines.
5. Hauling/quarrying and transporting of beach sands is strictly not allowed.
6. Construction of breakwaters and other structures within the shorelines must not be allowed unless otherwise necessary permits were secured by the resort owners from government offices concerned.
SECTION 71. Application for Registration. — Any person, partnership, corporation or other entity desiring to establish, maintain and/or operate a resort shall accomplish in quadruplicate and file with the office the application for registration prescribed for such purpose. HSAcaE
SECTION 72. Supporting Documents to be Submitted with Application. — Unless otherwise indicated in the form, the application shall be accompanied by two (2) copies of the following documents:
a. In the case of corporation or partnership, a machine copy of the certificate of registration with the Securities and Exchange Commission, and Business Name Certificate.
b. In case of single proprietorship, Business Name Certificate and Amendments thereof, if any.
d. A list of names of all officials and employees and their respective designations, nationalities, and home addresses; for alien personnel, valid visa from the Bureau of Immigration and Deportation and the proper permit from the Department of Labor and Employment shall be submitted.
e. Annual General Insurance
f. Schedule of current room rates.
SECTION 73. Ocular Inspection of the Resort and its Immediate Premises. — Upon receipt of the application, the Office shall direct the inspection team as stipulated under Section 25 to conduct an ocular inspection of the resort and its immediate premises for the purpose of determining whether it meets the standards set by this ordinance for the resort.
SECTION 74. Checklist to be Accomplished During the Ocular Inspection of the Resort. — The team shall provide itself with a set of checklist of the requirements for a resort. All deficiencies found, as well as the requirements complied with, shall be noted in the checklist.
SECTION 75. Observations to be Entered in the Checklist. — Any observation of the applicant or his duly authorized representative present at the time of inspection, or any adverse finding of the team, shall be entered in the checklist. The applicant shall then be furnished with a copy of the accomplished checklist.
SECTION 76. Issuance of Certificate of Registration and Mayor's Permit. — If the applicant has satisfactorily complied with the requirements, the Office shall recommend to the City Mayor the issuance of the Certificate of Registration and Mayor's Permit in favor of the applicant.
SECTION 77. Validity of Certificate of Registration and Mayor's Permit. — The certificate of registration of the resort shall be applied with the Office only once at the start of operation of the resort. It shall only be reapplied for if the resort has ceased operations for at least six (6) months or if its permit has been revoked for one reason or another. The resort shall only pay the registration fee once unless it has filed for reapplication for reasons cited above. The permit to operate the resort issued by the City mayor shall be good and valid for a period of one (1) year from the date of issue, unless sooner revoked.
SECTION 78. Renewal of Mayor's Permit. — Application for renewal of Mayor's permit shall start on January 1 until January 31 of the year of expiration.
SECTION 79. Documents to be Submitted for the Renewal of the Mayor's Permit. — The application for the renewal of Mayor's Permit shall be supported by the following documents:
1. A copy of the amended Articles of Incorporation or Articles of Partnership and By-Laws, if applicable.
2. The list and information sheets of additional personnel, if any, or change in the manpower complement.
3. Latest Income Tax Return and audited financial statements.
4. A copy of the Certificate of Registration and the registration fee.
SECTION 80. Registration of Other Services Offered by the Resort. — The registration of the resort shall include automatically all facilities and services in the resort, provided that such facilities and services are owned and operated by the resort itself, except the services of the other sectors of the industry, as specified herein, which should be licensed independently.
CHAPTER VII
Standard Requirements for Apartment Hotel (Apartels)
SECTION 81. Standard requirements for Apartment Hotels (Apartels) shall be in conformity with the National Accommodation Standards of the Department of Tourism.
CHAPTER VIII
Standard Requirements for Tourist Inns
SECTION 82. Requirements for Tourist Inns. — For purposes of accreditation, the following are the minimum requirements for the establishment, operation and maintenance of a tourist inn:
1. Bedroom Facilities and Furnishings — All bedroom shall have attached toilet and bath equipped with 24-hour service of running water. They shall have adequate natural as well as artificial light and ventilation and shall be furnished with comfortable beds and quality furniture (mirror, writing table, chair, chair closet and dresser.) Walls shall be painted or wall papered and kept clean and pleasing to the eye. Windows shall be furnished with clean and appropriate draperies. Floors shall be of good flooring materials. AScHCD
2. All single bedrooms shall have a floor area of not less than nine (9 square meters) and all twin-rooms or double-rooms shall have a floor area of not less than sixteen (16 square meters).
There shall be vacuum jugs or thermos flasks with drinking water with glasses in each bedroom. There shall be adequate supply of clean linen, blankets and towels that shall be changed regularly.
c. n Parking — There shall be adequate parking space for vehicles proportionate to the number of lettable rooms and other public facilities of the inn.
d. Reception — There shall be a reception and information counter attended by qualified, trained and experienced staff. There shall be a lobby and a well-appointed lounge for seating and/or reading purposes.
e. Telephone — There shall be adequate telephone facilities for the use of all guests in all public areas. Services for long distance telephone calls or overseas shall be made available to guests.
f. Radio/Television — There shall be provisions for radios and/or television sets for the use of guests upon request.
g. Dining Room — There shall be well-equipped, well-furnished and well-maintained dining room/restaurant for its guests as well as the public in general. A kitchen, pantry and cold storage shall be designed and organized to ensure efficiency of operation and shall be well-maintained, clean and hygienic.
h. Security — Adequate security shall be provided to all guests and their belongings.
i. Emergency Power — Inns with more than fifty (50) lettable rooms shall have emergency power facilities to light the common areas and emergency exits in case of power failure.
j. Fire Fighting Facilities — Adequate fire fighting facilities shall be available as required and specified by the local fire department in the locality and/or the Fire Code of the Philippines.
CHAPTER IX
Standard Requirements for Motels
SECTION 83. Requirements for Motels. — For purposes of accreditation, the following are the minimum requirements for the establishment, operation, and maintenance of motels:
a. Garage — The motel shall have an individual garage or a common parking space for the vehicle of its guests.
b. Bedroom — Each unit shall be provided with a fully air-conditioned bedroom, or at least, an electric fan, and shall be furnished with comfortable bed/s clean pillows, linen and bed sheets.
c. Toilet and Bathroom — The units shall be provided with attached toilet and bathroom with cold and hot water, clean towels, tissue paper and soap.
d. Telephone — There shall be a telephone or call-bell in each unit.
e. Staff and Service — The motel staff shall be trained, experienced, courteous and efficient. They shall wear clean uniform while on duty.
f. Medical Services — Medical services on an emergency basis shall be made available.
g. Fire fighting-Facilities — Adequate fire-fighting facilities shall be provided for each separate unit/building, in accordance with the Fire Code of the Philippines.
h. Lighting — Lighting arrangement and fixtures in all units shall be adequate.
i. Housekeeping — Efficient housekeeping shall be maintained.
j. Maintenance — efficient maintenance of the motel in all its sections (i.e., building ground, fixtures, furniture, public rooms, air-conditioning, etc. shall be provided on a continuing basis.
k. Other Facilities — The motel may, at its option, serve food and drinks exclusively to its guest, and install such other special facilities necessary for their business.
l. Signboard — All motels shall keep and display in a conspicuous place outside the establishment a signboard showing clearly the name of the motel.
m. Security — Adequate security shall be provided to all guests and their belongings.
CHAPTER X
Standard Requirements for Pension House
SECTION 84. Requirements for Pensions. — For purposes of accreditation, the following are the minimum requirements for the establishment, operation and maintenance of a pension.
a. Size — A pension shall have at least five (5) lettable rooms.
b. Bedrooms — The bedrooms shall be provided with sufficient number of comfortable beds commensurate with the size of the room. Each room shall have adequate natural as well as artificial light and ventilation. It shall be provided with at least an electric fan, writing table, a closet, a water jug with glasses proportionate to the number of beds in the room.
Rooms shall be clean and presentable and reasonably furnished.
c. Common Toilet and Bathroom — The establishment shall provide a toilet and bathroom to be used in common by the guests. There shall be at least one (1) toilet and one (1) bathroom/shower for every five (5) guests.
1. Linen — There shall be adequate supply of clean linen and towels. Soap and tissue paper shall be provided at all times.
4. n Security — Adequate security shall be provided to all guests and their belongings.
e. Living Room — There shall be a reasonably furnished lounge or living room area commensurate with the size of the pension where guests may receive visitors, watch television or read.
f. Dining Room — The pension shall have a dining room which shall be available for the common use of its guests.
CHAPTER XI
Standard Requirements for Homestay Sites
SECTION 85. Minimum Requirements. — For purposes of accreditation, the following are the minimum requirements for the operation and maintenance of homestay sites in accordance with the Department's National Homestay Program:
a. Homestay Sites
1. There is prevailing peace and order situation in the area.
2. There are existing natural and man-made attractions in the community.
3. Site is easily accessible to tourists and with existing transportation services, good road condition and other basic community infrastructures.
4. The host community is willing to join the National Homestay Program.
5. There is a dearth of commercial accommodation facilities in the area to service tourists.
b. Home Facilities
1. Structures are of durable building materials and in good, presentable condition.
2. The surroundings are pleasant and healthful.
3. There shall be at least one (1) adequately furnished guestroom to accommodate paying visitors.
4. The following shall be available: AcICHD
- extra bed/s
- adequate lighting system
- running water or if not available, adequate supply of water
- clean and well-maintained toilet and bathroom facilities
- meals at reasonable rates
- electric fan or other means of ventilation
c. Training — Family members shall have completed the Department's training workshop on Homestay Program.
ARTICLE VII
Travel and Tour Agencies
CHAPTER I
Application for Mayor's Permit
SECTION 86. Who May Apply for a Mayor's Permit. — The following may apply for a Mayor's Permit as a travel and tour agency:
a) Resident Filipino citizen.
2. n Partnership organized under the laws of the Philippines, with at least 60% of the capital owned by Filipino citizens, and
3. Corporation organized under the laws of the Philippines, with at least 60% of its subscribed common or voting shares of stocks owned by Filipino citizens and the composition of its Board of Directors is at least 60% Filipino.
SECTION 87. Supporting Documents to be Submitted with the Application — Application to operate as a travel and tour agency shall be supported by documents to be submitted as follows:
1. In case of partnership or corporation, a copy of the Certificate of Registration with the Securities and Exchange Commission.
2. If a sole proprietorship, a copy of the registration of the business name with the Bureau of Domestic Trade together with the owner's statement of assets and liabilities. (DTI)
3. Two-year projected financial statements to reflect among other things, a minimum working capital of P500,000.00.
4. Surety bond in the amount of at least P200,000.00 for inbound tour operation and P500,000.00 for inbound and outbound operation, issued by a duly accredited bonding company in favor of the City of Tagum and the conditioned to answer for any and all liabilities resulting from or incurred in the course of travel and tour operation in accordance with the findings and resolution of the Office which shall be valid for a period of one (1) year from the date of the issuance of license.
5. Complete list of personnel, including tour guides and travel representatives, if any, together with one (1) "1 x 1" photo of each, their corresponding Personal Information Sheet.
6. For alien personnel, valid visa from the Bureau of Immigration and the proper permit from the Department of Labor and Employment.
7. Board of Director's resolution designating the person authorized to sign and transact business with the Office in behalf of the applicant.
FOR INBOUND OPERATIONS:
1. The manager must be a resident of the Philippines without any pending case in any court, administrative or quasi-judicial body, with admissible proof of at least two (2) years experience in tour/travel agency operations or preferably has earned baccalaureate degree in Tourism or has satisfactorily completed a course in Tourism Agency Management.
2. Proof that at least two (2) of the permanent staff have at least two (2) years experience in tour operation.
3. With at least two (2) licensed and accredited tour guides.
4. Tie-up through a memorandum of agreement with a licensed and accredited transport operator. caITAC
FOR OUTBOUND OPERATIONS:
1. The manager must be a resident of the Philippines without any pending case in any court, administrative or quasi-judicial body, with admissible proof of at least two (2) years experience in tour/travel agency operations or preferably has earned baccalaureate degree in Tourism or has satisfactorily completed a course in Tourism Agency Management.
2. Proof that at least two (2) of the permanent staff have satisfactorily completed a ticketing and reservation course and have at least one (1) year work experience.
FOR INBOUND AND OUTBOUND OPERATIONS:
The documents to be submitted for this purpose shall be the same as those listed above.
SECTION 88. Validity of the Mayor's Permit. — The mayor's permit duly issued shall be valid until the 31st day of December.
SECTION 89. Supporting Documents to be Submitted for the Annual Renewal of the Mayor's Permit. — Travel and tour agencies shall be required to submit the following documents upon renewal:
1. A copy of the amended Articles of Incorporation or Articles of Partnership and By-Laws, if applicable.
2. The list and information sheet of additional personnel, if any, or change in the manpower complement of the agency.
3. Proof of renewal of surety bond, valid for one year from the date of issuance of the Mayor's Permit.
SECTION 90. Minimum Office Requirements. — The Travel and Tour Agency shall comply with the following office requirements:
1. It shall be located in a commercial district and independent of any residence.
2. It shall be used exclusively for the travel agency business purposes.
3. It shall occupy an office space of not less than 16 square meters
SECTION 91. Establishment of a Branch. — Before the establishment of a branch within the city, the travel agency shall give formal notice to the Office. The Tagum City Tourism Office shall forthwith conduct an ocular inspection on the proposed branch.
SECTION 92. Documents to be Submitted in Support of an Application to Establish and Operate a Branch. — The documents to be submitted by travel and tour agencies for this purpose shall be as follows:
1. Resolution signed by all members of the Board of Directors, in case of a corporation, approving its establishment (or authorizing its continuation, if renewal) and the person authorized to sign application;
2. Affidavit executed by the General Manager of the main office acknowledging the existence of said office, assuming full responsibility for its operations, and certifying that it is not managed nor operated by person/entities other than the duly accredited employees or officers as indicated in the application form.
3. List of personnel and their respective designation, citizenship, home address and one 1x1 photo of each, together with an NBI or police clearance.
4. Amended Articles of Incorporation and By-Laws, if applicable.
5. Surety Bond of Twenty Thousand Pesos (P20,000.00).
6. Payment of registration fee of One Thousand Pesos (P1,000.00) per branch. TAIaHE
7. Proof of DOT Accreditation
SECTION 93. Access of the Office Representatives to Agency's Records. — The Office through its official representative shall have access to the agency's records for verification of compliance with the requirements of the Office.
CHAPTER II
Supervision of the Operation of Travel Agencies and Tour Operators
SECTION 94. Prior Approval Required for the Transfer of Mayor's Permit. — The Mayor's Permit is a matter of privilege and may only be issued to qualified applicants. Accordingly, no travel and tour agency shall transfer or alienate in whatever manner its Mayor's Permit without prior approval from the Office.
SECTION 95. Transfer of Ownership. — Transfer of substantial rights on ownership or shares of interest therein that would culminate in the transfer of majority and controlling rights should be with prior notice to the Office.
SECTION 96. Documents to Support Application for Mayor's Permit. — All certifications, affidavits, documents or other papers as may be required by the Office to support the application for Mayor's Permit to engage in the business of travel agency and tour operator shall be signed by the Chief Executive Officer/Manager or any person named in the Board resolution or person designated in its By-Laws authorized to sign the resolution.
SECTION 97. Display of Mayor's Permit. — The Mayor's Permit shall be displayed at a conspicuous place in the public part of the office of the travel agency and tour operator.
SECTION 98. Tourism Activities. — All tourism activities such as but not limited, to Family packages. Lakbay-Aral, Conventions, Meetings/Summit and Forums in Tagum City should be handled solely by local licensed Tour and Travel Agencies. In this connection, it is encourage agencies operating outside of Tagum City to coordinate with accredited or local licensed travel agencies.
SECTION 99. Promotions. — All promo packages for hotels and accommodation, travel agencies, tour operators and transport group must be coordinated to the City Tourism Office.
It shall be the duty of primary enterprises to honor and abide within the provisions of the Code of Ethics, in particular to the operation, rates, conduct of affairs as furnished by the Office.
ARTICLE VIII
Tour Guide
SECTION 100. Local Tour Guide. — Tour Guide classified by the CITY TOURISM OFFICE.
SECTION 101. Requirements for Local Tour Guides. —
a. Proof that the applicant has passed a seminar for tour guides duly conducted by the Department of Tourism or other agencies duly authorized by the DOT to conduct the seminar; provided, however, that this requirement may be waived, where the applicant possesses special academic or professional qualifications relevant to tourism;
b. Health Certificate issued by the City Health Office;
c. Certificate issued by Psychologist;
d. Clearance from the Philippine National Police;
e. Clearance from the National Bureau of Investigation;
f. Red Cross or City Health Office Certificate on Basic Life Support/CPR Training and Water Safety (if applicable);
g. Proficient in local dialect, tagalog and English language.
For renewal:
1. Must pass the Refresher course set by the Office and/or DOT
2. Barangay Clearance
3. Community Tax Certificate
4. DOT Accreditation
SECTION 102. Rates. — Rates imposed for Tour Guiding fee shall be as follows:
1. Less than 10 persons — P500.00
2. 10 persons and above — 1,000.00
SECTION 103. Dues and Other Fees. —
a. An Annual fee of Three Hundred PESOS (P300.00) as regulatory fee shall be collected upon application for Local Tour Guide
SECTION 104. Validity of Trainings and Seminars. — As provided for in Section 132 of this Code, trainings and seminars is valid only for a period of two (2) years. Refresher Courses shall be made available by the Office through the DOT.
SECTION 105. Validity and Effectivity of Tourguide License. — Tour guiding license shall be for a period of one year reckoning from the date of issuance of permit.
SECTION 106. Tour Guiding Card. — A Tour Guiding Card shall be provided by the Office to a Local Tour Guide upon presentation of his/her permit/license. Said card shall be in full use for a period of four (4) years where upon expiration of the one year validity, the Office shall imprint a new date of validity in a special sticker tape duly authenticated.
SECTION 107. Wearing of Identification Card. — A tour guide shall wear ID at all times while in the performance of his/her duties.
SECTION 108. Uniform. — A tour guide must be properly and decently dressed in the conduct of his/her official function in tour guiding, preferably that which represents the agency where he/she is connected. Or as the case may be, the uniform set as standard in tour guiding by the organization of which he/she is a member.
ARTICLE IX
Tourist Transport Operators
CHAPTER I
Basic Requirements for Tourist Land Transport Vehicles
SECTION 109. Requirements. — For purposes of registration and licensing, the following are the basic requirements for the operation and maintenance of tourist transport:
1. Registered carrying capacity — A tourist transport operator shall only be allowed to apply for license for the number of units covered by its franchise.
2. Roadworthiness — To be able to register, every tourist transport must be found roadworthy upon inspection by the Office in coordination with the Land Transportation Office (LTO) and shall not, in the case of bus or coaster, be more than ten (10) years old, reckoned from the year of manufacture, nor more than seven (7) years for a tourist car.
3. Ventilation — Every tourist transport shall be properly equipped with adequate air-conditioning units.
4. Fire fighting facilities — A tourist transport shall be provided or installed with at least one (1) portable fire extinguisher for the protection of its passengers.
5. Audio or sound system necessary to address the guest/tourist to provide briefing and necessary information.
6. Imprint of company's name and logo — One sticker of the company name and logo shall be placed on the tourist transport.
7. Public address system — For tourist buses and coasters, a public address system must be installed.
8. First-Aid kit — Every tourist transport shall be provided with a first-aid kit and an adequate supply of emergency medicine.
9. Seats — Every tourist transport shall be provided with clean and comfortable seats. There shall be no overloading in order to protect the comfort and safety of the riding tourist/guest at all times.
10. Maintain the standard maximum passenger capacity of a vehicle to include Tour Guide and a Driver. No two (2) people should be sharing one seat whether adult or minor with age of five (5) and above.
11. Space — A tourist shall have enough legroom and sufficient storage space.
12. Garage — Every tourist transport operator shall provide an adequate garage and repair shop for the maintenance of its equipment, as well as parking space sufficient to accommodate all its registered units.
13. Such other requirements as may be promulgated by the Office.
SECTION 110. Clearance. — In case of original registration and/or transfer of ownership of tourist transport, the necessary clearance from the City Tourism Office shall be secured prior to the registration.
SECTION 111. Stickers. — After registration and issuance of license, it shall be mandatory for all tourist transport to put the office sticker on the front and back windshield of said vehicles for proper identification. All duly accredited transport van shall also bear the DOT seal which shall be provided by the latter and which sticker seal shall be placed at the upper right side of the windshield below the registration sticker.
CHAPTER II
Registration and Mayor's Permit
SECTION 112. Mandatory Mayor's Permit. — No person, natural or juridical, shall manage, operate or engage in the business of tourist transport services without first having secured a valid Mayor's Permit to operate the same. Any person who, being the operator hereof, allows the same to be used in transporting tourists without the required Mayor's Permit to operate as such shall also be guilty of an offense under these rules.
SECTION 113. Application for Mayor's Permit. — Any person, partnership, or corporation desiring to operate and/or engage in the business as tourist transport operator shall accomplish in quadruplicate and file with the Office, the application for Mayor's Permit prescribed for such purpose.
SECTION 114. Authorized Signatories. — In the filing of the application for a Mayor's permit to operate as a tourist transport operator, the following shall be considered authorized to sign said application:
1. In the case of sole proprietorship, the owner thereof.
2. In the case of partnership, one of the partners designated in a sworn certification by all the partners to sign the application.
3. In the case of corporation, the person named in a board resolution as authorized to sign the application or person so designated in its By-laws.
SECTION 115. Documents Required to Support Application for a Mayor's Permit to Operate as Tourist Transport Operator. — The application shall be accompanied by the following documents:
1. Business name certificate and all amendments thereto, if any, in the case of single proprietorship. In the case of a corporation, a Certificate of Registration, duly registered with the Securities and Exchange Commission.
2. Proof of ownership or Lease of Contract over an area adequate to serve as maintenance depot and garage for all its units.
3. A list of names of all officials and all employees and their respective designations, nationalities, home addresses, certified correct under oath by the General Manager/President.
4. Such other papers or documents as may be required from time to time by the Office.
SECTION 116. Documents Required to Support Application for Registration of Vehicles as Tourist Transport. — The application shall be supported by the following documents:
1. Certificate of inspection by the LTO for the CITY TOURISM OFFICE registration of the tourist transport.
2. A copy of the LTFRB certificate of public conveyance franchise or authorization.
3. A copy of the transport rates as approved by the LTFRB.
4. A compulsory motor vehicle liability in the amount of not less than the following:
| Third Party Liability | - | P20,000.00 per unit |
| Passenger Accident | - | P12,000.00 per person |
5. Proof of prior approval pursuant to Presidential Decree No. 381
6. Pictures of the vehicles showing the side, back and front views thereof with the company's name and logo imprinted at its rear and side, respectively;
7. Roof tagging; and
8. Such other papers or documents as may be required from time to time by the Office as provided for by the DOT under RA 9593.
SECTION 117. License Fee Per Unit. — Upon approval of the application, an annual license fee per unit shall be collected from the applicant, as follows:
| a. | Bus |
P1,000.00
|
| b. | Coaster |
P800.00
|
| c. | Van |
P600.00
|
| d. | Car |
P400.00
|
| e. | Tricycle |
P200.00
|
SECTION 118. Validity of Mayor's Permit. — The Mayor's Permit duly issued to any transport operator shall be valid for a period of one (1) year from its date of issue until the 31st of December of the year of issuance of the license unless sooner revoked for cause by the Office.
SECTION 119. Renewal of Mayor's Permit. — The license shall be renewed immediately after the date of expiration.
SECTION 120. Documents Required for Application for Renewal of Mayor's Permit as Tourist Transport Operator. — The application for the renewal of license shall be supported by the following documents:
1. A copy of Certificate of Registration from Securities and Exchange Commission (SEC), if applicable, authorizing the continuation of business.
2. The list and information sheets of additional personnel, if any, including any changes in the manpower complement of the company.
3. A resolution of the Board of Directors authorizing the continuation of business as the case may be.
CHAPTER III
Regulation, Control and Supervision of Tourist Transport Operators
SECTION 121. Tourist Transport Service. — Tourist transport service offered on a regular point-to-point run shall be priced at rates higher than those charged by public utility operators for the same route. The points of departure and destination for a tourist transport regularly plying a route shall be a hotel, resort or such similar tourism facility.
SECTION 122. Charter Rates. — A tourist transport operator shall charge only charter rates as previously approved in accordance with this Code.
SECTION 123. Complaints against Tourist Transport Operators and/or Employees. — By the recommendation of the Office, the City Legal Office shall exercise its powers on cases filed against tourist transport operators and/or their employees in accordance with its rules and procedures governing complaints.
SECTION 124. Visitorial Power. — In the discharge of the regulatory functions, the Office shall exercise visitorial powers over the operations of the licensed tourist transport operators.
SECTION 125. Prior Approval for Transfer of Mayor's Permit. — A Mayor's Permit is a matter of privilege and may only be issued to qualified applicants. Accordingly, no tourist transport operator shall transfer or alienate in whatever manner its permit without prior approval from the Office. Any transferee shall comply with all requirements and procedures for the issuance of a Mayor's Permit as prescribed herein.
SECTION 126. Transferee's Responsibility. — The transferee of a Mayor's Permit shall pay the corresponding fee and the new operator, unless otherwise stated (or stipulated), shall not be absolved from any responsibility as to contracts, money claims, damages or other liability arising out of and in the course of the operations conducted by its predecessor.
SECTION 127. Transfer of Ownership. — Transfer of substantial rights on ownership of shares of interest therein that would culminate in the transfer of majority and controlling rights shall be reported to the Office within ten (10) working days. The Office shall evaluate the credentials and qualifications of the new and decide to revalidate the license.
SECTION 128. Display of Sticker. — The LTFRB sticker shall be displayed in the upper front passenger side of the windshield and the DOT Accreditation Sticker below it.
CHAPTER IV
Standard Requirements for Tourist Tricycles
SECTION 129. Minimum Requirements. — As provided for under existing Ordinances, Rules and Regulations promulgated by the CTFRB.
ARTICLE X
Professional/Conventions/Congress/Exhibit Organizers
CHAPTER I
Licensing
SECTION 130. Mandatory Licensing. — No person, natural or juridical, shall operate as a professional convention organizer (PCO), without first being registered and licensed by the City Tourism Office.
SECTION 131. Who May Apply for License. — The following may apply for a license as Professional Convention Organizer (PCO):
1. A resident Filipino citizen.
2. Partnership organized under the laws of the Philippines, at least 60% of the capital of which is owned by Filipino citizens, and
3. Corporation organized under the laws of the Philippines, at least 60% of its subscribed common or voting shares of stocks owned by Filipino citizens and the composition of its Board of Directors at least 60% Filipino.
SECTION 132. Requirements for License. — The basic requirements shall be those provided under the local ordinance and those that are provided in R.A. 9593.
SECTION 133. License Fee. — Upon approval of the application, a license shall be issued to the applicant upon payment of an annual fee of FIVE HUNDRED Pesos (P500.00).
SECTION 134. Validity of License. — Subject to an annual review, the license shall be valid for two (2) years from the date of issuance.
SECTION 135. Documents Required for Renewal of License. — The application for renewal of license shall be supported by the documents to be listed under R.A. 9593.
CHAPTER II
Regulation, Control and Supervision of Professional Convention Organizers (PCO)
SECTION 136. Visitorial Powers. — In the discharge of regulatory functions, the Office shall exercise visitorial powers over the operations of the licensed PCOs.
SECTION 137. Requirement for Transfer of License. — The license is a matter of privilege and may only be issued to qualified applicants. Accordingly, no PCO shall transfer or alienate in whatever manner its license without prior approval of the Office. Any transfer shall comply with all the requirements and procedures for the issuance of a license as prescribed herein.
SECTION 138. Transferee's Responsibility. — The transferee of a license shall pay the corresponding license fee and the new operator, unless otherwise stipulated, shall not be absolved from any responsibility as to the contracts, money claims, damages or other liability arising out of and in the course of the operations conducted by its predecessor.
SECTION 139. Transfer of Ownership. — Transfer of ownership of shares or interest therein that would culminate in the transfer of majority and controlling rights shall be reported to the office, which will evaluate the credentials and qualifications of the new owners, and decide on the revalidation of the license.
SECTION 140. Display of License. — The license shall be displayed in a conspicuous place in the public part of the office of the PCO.
SECTION 141. Advertisement. — No PCO shall advertise its business or services through the media without specifying in the ad item itself its license number. ITAaHc
ARTICLE XI
Secondary Enterprise
CHAPTER I
Standard Requirement for Restaurant
SECTION 142. Minimum Requirements. — For purposes of accreditation the following are the minimum requirements that must be complied with by the restaurants:
1. Location — The locality and environs including approaches shall be with proper ingress and egress. The facade and architectural features of the building shall be appropriately designed.
2. Parking — There shall be an adequate, secured parking space provided for free to customers.
3. Reception — A receptionist shall be available to usher in guests. A waiting lounge with a telephone shall also be provided.
4. Dining Room-Furnishing — The dining room shall be adequate in size, with sufficient and well-maintained furniture. Flooring materials shall be kept clean at all times.
1. Atmosphere — The restaurant shall have a pleasant atmosphere.
2. Cuisine — There shall be cuisine of good quality and presentation available during normal meal hours and served with distinction. Raw food used shall meet the minimum government and international standards.
3. Menu Book/Card — There shall be a menu book or card which shall be presentable, clean and easy to read with the menu items listed in logical sequence. All items shall be made available at all times a best-effort basis.
4. Linen — All tables shall have clean table cloth and cloth napkins of good quality shall be maintained in a fine dining restaurant. They should not be fade, nor with frayed edges and stains and should be changed after every service.
5. Crockery — No piece of crockery, cutlery and tableware in use shall be chipped or grazed. The silverware shall be kept polished and clean at all times.
5. Service and Staff — Adequate number of well-trained, well-groomed, experienced, efficient, courteous and uniformed staff shall be employed.
6. Bar — The bar shall be well-stocked at all times. No Smoking signs shall be visible in all areas.
7. Comfort Rooms — All comfort rooms shall be with good quality fixtures and fittings and provided with running water. The floor and the walls shall be covered with impervious materials of good quality workmanship and shall be kept clean and sanitary at all times. Tissue papers, soap, paper towels and/or hand drier shall be provided.
8. Kitchen — The kitchen, pantry and cold storage shall be in good operating condition at all times and shall be well-equipped and hygienic. Equipment necessary to maintain a high standard of sanitation and hygiene shall be installed and used.
9. Lighting — Adequate lighting in dining rooms, public rooms, comfort rooms, corridors and other public areas.
10. Airconditioning/Ventilation — All main dining or function rooms shall be fully airconditioned and/or well-ventilated.
11. Maintenance — All sections of the restaurant (e.g., building's exterior and interior, airconditioners, kitchen, fixtures, plumbing, etc.) shall be maintained properly at all times. A periodic vermin control program shall be maintained for all establishments.
12. Fire-fighting Facilities — Adequate fire-fighting facilities shall be provided in accordance with the Fire Code of the Philippines.
13. Security — Adequate security shall be provided to all guests and their belongings.
CHAPTER II
Standard Equipments for Shops/Department Store
SECTION 143. Minimum Requirements. — For purposes of accreditation, the following are the minimum requirements that shall be complied with by shops/department stores:
1. Physical Requirements — The establishment shall be fronting a major street or thoroughfare or is situated in a shopping center/mall. The entrance and display windows shall be attractively designed and adequately illuminated. The furniture and decor of the establishment shall be presentable and functional at all times. The shop shall be fully-airconditioned. Well-maintained restrooms shall be provided for by the establishment itself, or in the event that the shop is located in a shopping mall or commercial building, the common/public restrooms, shall be made available to the clients or visitors. cSaATC
In case of department stores:
1. The store shall be in an edifice or a building or may be part of a shopping mall/center.
3. n There shall be appropriate directional signs.
4. There shall be provided an information counter.
2. Staff — All members of the staff shall be well-groomed, courteous, efficient and in uniform at all times.
3. Security — Adequate security shall be provided to all guests and their belongings.
4. Service — Goods displayed in the shop window or show cases shall be provided with clearly written price tags. A wide selection of goods shall be in stock. A receipt shall be supplied to the tourists for each purchase. The full name and address of the establishment shall be printed on the receipt, together with the number of the authorized business license. Purchase shall be itemized together with the price, and any addition or tax paid or discount granted on the goods shall be indicated. Discounts shall be given on the price of the goods marked on the price tags. The business shall be responsible for the maintenance of its facilities and premises and its immediate surroundings (sidewalk, yard, etc.) In case of antique shops, a certificate confirming authenticity shall be attached to each article in accordance with the guidelines/instructions of the National Museums.
CHAPTER III
Standard Requirements for Sports & Recreational Club
SECTION 144. Minimum Requirements. — For purposes of accreditation, the following are the minimum requirements for the operation and maintenance of a sports and recreational club.
1. Location — The locality and environs including approaches shall be pleasant with proper ingress and egress. The face and architectural features shall be appropriately designed.
2. Parking — There shall be provided adequate and secured parking space to customers.
3. Security — Adequate security shall be provided at all times.
4. Reception — A receptionist shall be available to usher in guests. A waiting lounge with telephone shall also be provided.
5. Dining Room — There shall be a dining outlet adequate in size, with pleasant atmosphere and furnished with appropriate and well-maintained furniture.
6. Sports and recreational equipment — There shall be adequate sports and recreational equipment available for rents.
7. Public Washrooms — There shall be provided adequate and accessible toilet facilities separately for male and female. Tissue paper, soap, hand/paper towel shall also be provided.
8. Locker area and facilities — There shall be adequate number of lockers for male and female. Dressing areas and shower cubicles shall also be provided.
CHAPTER IV
Standard Requirements for Museum
SECTION 145. Minimum Requirements. — For purposes of accreditation, the following are the minimum requirements for the operation and maintenance of a museum. CHTAIc
a. Membership — The institution shall be a member of the National Committee on Museums.
b. Location — The locality and environs including approaches shall be pleasant with proper ingress and egress. The facade and architectural features shall be appropriately designed.
c. Parking area — An adequate and secured parking space for customers shall be made available.
d. Security — Adequate security shall be provided at all times.
e. Reception — A well-informed receptionist shall be available to usher in guests. A waiting lounge with telephone shall also be provided.
f. Conference/Auditorium — There shall be a conference and/or auditorium provided with audio-visual equipment and made available to the public.
g. Library — There shall be adequate, equipped and made available to the public.
h. Public Washrooms — There shall be adequate and accessible toilet facilities provided separately for male and female. Toiletries shall, likewise, be provided.
CHAPTER V
Standard Requirements for Training Center
SECTION 146. Minimum Requirements. — For purposes of accreditation, the following are the minimum requirements for the operation and maintenance of a training center.
a. Physical requirements:
1. Size of Classroom — The classroom shall be able to accommodate a minimum of twenty (20) trainees per class. For purposes of workshop, the floor areas shall be at a minimum of 1.5 square meters per trainee.
2. Lighting and Ventilation — Lighting and ventilation fixtures shall be so designed to ensure an atmosphere conducive to training. A standby generator shall be made available.
3. Restrooms — There shall be a separate male and female restrooms.
4. Refreshment/Dining Area — There shall be a refreshment/dining area accessible to the trainees.
5. Classroom Facilities, Equipment and Supplies — The center shall be provided with classroom complete with basic facilities, equipment and supplies needed in conducting a training program.
6. Workshop/On-the-Job Facilities and Equipment depending on the training program/s being offered, there shall be adequate supply of the appropriate facilities and equipment.
7. Reading Room — There shall be a reading room adequately provided with relevant reference materials, books, journals, magazines and the like.
8. Other Support Facilities — There shall be tool/storage facilities provided.
b. Training Program
1. Relevance — The training program shall respond to the needs of the tourism industry.
2. Objectives — Its objectives shall be clearly defined, realistic and attainable.
3. Content/Curriculum — The content/curriculum of the training program shall be in consonance with its objectives. Topics shall be in proper and logical sequence with due consideration to effectiveness of presentation in terms of trainees comprehension.
4. Methodology — There shall be an effective, simple, and comprehensive presentation of topics; clear description of examination scheme and test instruments related to course objectives. There shall likewise be a relevant and practical application of theories and concepts. cHDAIS
5. Minimum Requirements/Qualifications of Participants — Minimum qualifications of participants shall be based on the standards acceptable to the tourism industry.
6. Instructional Staff — The instructional staff shall have thorough experience and knowledge on the subject matter and effective communication skills and teaching style.
7. Monitoring and Evaluation Procedures — The training program shall carry effective monitoring and evaluation tools.
c. Trainor/Faculty — Must have successfully completed the Training-the-Trainors Program of the Department of Tourism and the Tourism Industry Board Foundation, Inc. In lieu thereof, the trainor must show proof that she/he has thorough experience and knowledge of the subject matter she/he is handling as well as effective communication skills and teaching style.
SECTION 147. Requirements for Renewal of Accreditation. — The application for the renewal of accreditation shall be supported by the following:
a. List of all training programs conducted during the previous year including the number of enrollees and graduates.
b. List of successful graduates per training program including skills acquired and respective places of employment.
SECTION 148. Accreditation of Training Program/Trainor. — A trainor on a training program developed by an organization not normally engaged in training may seek accreditation with the Department subject to compliance with the requirements provided for in Section 5 (b) and Section 5 (c) hereof.
CHAPTER VI
Standard Requirements for Rest Areas in Gasoline Station
SECTION 149. Minimum Requirements. — For purposes of accreditation, the following are the minimum requirements for the operation and maintenance of rest areas.
1. Parking — There shall be adequate parking area for customers.
2. Rest Room — There shall be a rest room separate for male and for female with adequate, clean and well-maintained toilet and washing facilities. Tissue paper, soap, hand paper/towel shall also be provided, and also at least one (1) restroom for every mini-gasoline station with male urinal facility.
3. Signage — There shall be a rest room signage visible from major approaches and which shall be well-illuminated at night.
4. Service and Staff — Adequate number of well-trained, properly-groomed, efficient and courteous staff shall be employed. They shall wear clean uniforms at all times.
5. Gasoline Station — The gasoline station shall be clean and well-maintained. It shall also be well-illuminated at night.
6. Sundries Shop — There shall be an adequately stocked sundries shop which shall be clean and well-maintained, but optional to mini-gasoline stations.
CHAPTER VII
Categories of Spa
SECTION 150. Categories of Spa. — For purposes of accreditation, spas are categorized as follows, namely:
1. Day Spa
2. Destination Spa
3. Resort Spa EATCcI
SECTION 151. Minimum Standard Requirements. — For purposes of accreditation, the following are the minimum standard requirements for the operation and maintenance of spa:
a. Location and Environment — The spa shall be situated in a safe and reputable location with clean, calm and relaxing environment;
b. Lounge & Reception Counter — There shall be a reception counter attended by qualified staff and a reasonably furnished lounge with seating facilities commensurate with the size of the spa;
c. Food Bar — There shall be a well-maintained and well-stocked food bar for clients;
d. Washrooms — There shall be separate clean and adequate washrooms for male and female provided with running water, hand dryer and toiletries;
e. Locker Rooms — There shall be separate male and female locker rooms for guests;
f. Shower Rooms — There shall be separate male and female shower and changing rooms;
g. Treatment Rooms — There shall be separate unlocked treatment rooms for male and female;
h. Services — The spa shall provide all of the following services in addition to other spa-related amenities which it may offer:
1. Massages — Swedish, Thai Massage & Reflexology, etc.;
2. Steam, Sauna and/or Water Baths and;
3. Body Treatments — One or more of the following: body packs and wraps, exfoliation, body toning/contouring, waxing, hand & foot care.
i. Staff
1. There shall be adequate number of well-trained, well-groomed, experienced, courteous and efficient staff.
2. There shall be at least one DOH-registered massage therapist supervising a maximum of 20 massage attendants; and
3. The staff shall wear decent and proper uniform at all times.
j. Steam, Sauna and Water Baths — The steam, sauna and water baths shall be maintained in a level of temperature which will not cause adverse reactions to user. Safety signages shall be provided to include information on allowable maximum temperature, duration of stay and guide in operating temperature regulator;
k. Linen — There shall be adequate supply of linen, towels and appropriate garments such as sarongs of good quality which shall be kept clean;
l. Employees Facilities — There shall be adequate and well-maintained locker rooms and bathrooms for male and female employees;
m. Parking — There shall be adequate secured parking space provided for free to customer/guests;
n. Emergency Generator — There shall be a high-powered generator capable of providing full power in all areas of the establishment except those spas located in a commercial building with its own emergency generator capable of supplying the power requirements of its tenants;
o. First Aid Cabinet — There shall be a well-stocked first aid cabinet available at all times; and
p. Facilities for Disabled — There shall be facilities and provisions for the disabled in accordance with Batas Pambansa Blg. 344 promulgated on May 1985, otherwise known as an Act Enhancing the Mobility of Disabled Persons.
CHAPTER VIII
General Rules on the Operation and Maintenance of Spa
SECTION 152. Maintenance. — Maintenance of all sections of the spa shall be on a continuing basis taking into consideration the quality of equipment and supplies. ISHCcT
SECTION 153. Sanitation. — Sanitation measures like cleaning and sterilizing of equipment, robes, sheets, blankets, pillow case, towels or other materials which may come in direct contact with the clients' body shall be adopted in accordance with the standards prescribed under Presidential Decree No. 856 otherwise known as the Sanitation Code of 1976.
SECTION 154. Fire-Fighting Facilities. — Fire-fighting facilities shall be provided in accordance with Presidential Decree 1185, otherwise known as Fire Code of 1978.
SECTION 155. Security. — There shall be security maintained at all times
SECTION 156. Signboards. — Appropriate sign boards shall be conspicuously displayed outside the establishment showing clearly the name of the spa while safety signages shall be prominently posted in strategic locations inside the spa.
CHAPTER IX
Agri-Tourism/Farm Sites
SECTION 157. Categories of Agri-Tourism/Farm Sites. — For purposes of accreditation, agri-tourism/farm sites are categorized as follows, namely:
a. Day Farm
b. Farm Resort
SECTION 158. Minimum Standard Requirements. — For purposes of accreditation, the following are the minimum standard requirements for the operation and maintenance of agri-tourism/farm sites:
a. Location. The farm shall be situated in a generally safe and peaceful location.
b. Facilities/Amenities (for day farms and farm resorts). The farm shall have the following facilities/amenities, or can also be available in the nearest service area at least not more than two hours drive from the farm, in addition to the existing facilities necessary for its regular operation:
1. Reception/Information Counter — an info counter or a reception area shall be designated where guests can inquire about the farm's tour offering services or amenities. It can also serve as briefing area for the tour.
2. Parking — parking area with designated drop-off/loading area shall be provided for buses and other public as well as private vehicles.
3. Dining/Multi-Purpose Area — There shall be a dining, recreational and activity area for guests.
4. Picnic grounds shall use outdoor fixtures made of indigenous materials in keeping with the farm setting.
5. Farm Guide — Farm guides shall accompany the tour group during the entire conduct of the farm tour. They shall provide information on farm operations, processes, products and other unique features of the farm.
6. Souvenir Shop/Mini-Trading Area — There shall be a souvenir shop or mini-trading post to provide guests with a place to purchase the farm's produce (fresh or processed) and/or negotiate for possible business partnerships or transactions.
7. Accommodation (for farm resorts only) — There shall be accommodation facilities which shall comply with the minimum standard requirements of an accommodations facility of the DOT.
8. Restaurants (for farm resort only) — There shall be a restaurant or catering service within the farm resort's premises to cater to the dining needs of visitors/guests.
c. Infrastructure — Support infrastructure facilities shall be in place such as road, electricity, water and communication.
CHAPTER X
General Rules on the Operation and Maintenance of Agri-Tourism/Farm Sites
SECTION 159. Operation. — The farm shall be in operation for at least three (3) months in a year.
SECTION 160. Safety and Security. — To ensure safety and security, the following shall be available:
1. n Security Personnel — Security personnel shall be on duty on a 24-hour basis to ensure the safety of guests;
b. Safety Signages — Appropriate safety signages shall be conspicuously displayed within agri-tourism/farm site;
c. Off Limit — Off Limit areas shall be clearly demarcated. Access to these areas shall be roped-off or blocked. Public areas shall be specifically designated;
d. Fire Fighting Facilities — There shall be firefighting facilities within the farm; DHITCc
e. First Aid Kit — A well-stocked first aid kit shall be made available at all times;
f. Farm Equipment — Farm equipment shall have proper parking or storage areas. Farm equipment, purposely put on display, shall be roped-off from visitors.
SECTION 161. Sanitation. — The following sanitary facilities shall be provided:
1. Wash Areas — There shall be designated wash areas within the farm with ample amenities such as continuous flow of clean water, soap, hand towel, or tissue paper.
2. Restrooms — There shall be separate, clean and well-maintained rest rooms for male and female. Bathrooms shall also be provided, if applicable.
3. Garbage Cans — There shall be garbage cans in all activity areas.
4. Garbage Disposal/Waste Management — Garbage/waste disposal shall adhere to sustainable methods and techniques geared towards environmental protection.
CHAPTER XI
Documentation
SECTION 162. Filing of Application. — Any person, partnership, corporation or other entity desiring to secure an accreditation to operate an agri-tourism/farm site from the Office shall accomplish in duplicate and file with Office, the application form prescribed for such purpose.
SECTION 163. Documents Required to Support Application for Accreditation of Agri-Tourism/Farm Site. — Unless otherwise indicated in the form, the application shall be accompanied by two copies of the following documents:
a. Appropriate permits and licenses from the local government unit.
b. List of officers/owner and farm guides indicating therein their nationality, home address and position, certified correct under oath by the owner/general manager.
c. In the case of single proprietorship, a Business Name Certificate and all amendments thereto duly registered with the Bureau of Trade Regulation and Consumer Protection, Department of Trade and Industry; in the case of a corporation/partnership, a Certificate of Registration with the Securities and Exchange Commission (for farm resorts only)
d. Such other documents that the Tagum City Tourism Office may require from time to time.
CHAPTER XII
Inspection
SECTION 164. Creation of an Inspection Team. — The Office shall create an inspection team composed of four (4) members to conduct inspection of the facilities of the applicant farm to determine whether it meets the standards set by the Office. Members will be identified from the following offices:
1. City Health Office
2. City Engineering Office
3. City Agriculture Office (CAGRO)
4. City Licensing Office
SECTION 165. Inspection Checklist to be Accompanied During Ocular Inspection of Agri-Tourism/Farm Site. — The team shall provide itself with a set of inspection checklist or requirements for the Agri-Tourism/Farm Site.
SECTION 166. All Observation of the Applicant to be Entered in the Inspection Checklist. — Any observation of the applicant or its duly authorized representatives present at the time of the inspection on any adverse findings of the team shall be entered in the inspection checklist. The applicant shall then be furnished with a copy of the accomplished inspection checklist.
SECTION 167. Call Report. — Within five (5) working days from the date of the inspection of the agri-tourism/farm site, the team shall render a call report of its findings and recommendations.
SECTION 168. Defects and Deficiencies Found During the Inspection. — Where certain defects and deficiencies have been found in the course of the inspection, the Office and duly noted by the City Mayor shall serve notice and give direction to the proprietor, the manager or operator to rectify the defects or deficiencies within a reasonable period of time.
SECTION 169. Periodic Inspection. — When necessary or when the public interest and safety dictates, the Office may send an inspection team for the purpose of finding out whether the accredited agri-tourism/farm site is being kept and/or managed in a manner conforming to the standards set by the Office. The inspection shall be conducted at a reasonable time of the day with due regard and respect accorded to the right of privacy of parties concerned.
SECTION 170. Failure to Remedy the Defects and Deficiencies. — Failure of the management to remedy the defects or deficiencies shall be a ground for the revocation of the agri-tourism/farm site's Certificate of Accreditation.
CHAPTER XIII
Establishment of Tourist Police
SECTION 171. City Tourist Police. — A special city tourist police force shall be established under the supervision and control of the Philippine National Police in Tagum City in coordination with the City Tourism Office to immediately address the concerns of visitors/tourists visiting the City.
CHAPTER XIV
The Community Based Sustainable Tourism Projects
SECTION 172. The Community Based Sustainable Tourism Programs which are directly assisted by the City Government and/or in partnership with other non-government organizations, foundations or entity organized in order to uplift the livelihood and way of life of people in the barangays, empowerment of the community, provide alternative sources of income and support the well being of the people, shall deserve the support of all tourism stakeholders.
SECTION 173. Partnerships. — In order to protect the interest of the communities, which the city government desires to make sustainable, help in the conservation and protection of the environment and make them responsible and productive members of the society, it shall be provided in this ordinance that Travel Agencies, Hotels and Accommodations and Tour Guides, Tour Operators must incorporate in their travel itinerary/tour packages at least two (2) identified community destinations.
This provision shall inculcate the social and moral responsibility of all tourism private enterprise and help its local government to ensure the sustainability of all community based tourism projects in the City of Tagum.
CHAPTER XV
Violations and Penalties
SECTION 174. Grounds for the Imposition of Fines/Suspension/Cancellation of Registration and/or Non-Renewal of Mayor's Permit. — Any of the following acts, omission or offense shall be sufficient ground for the imposition of fine/suspension/cancellation of the certificate of registration, grant or renewal of Mayor's Permit and/or forfeiture of bond:
1. Non-settlement of account and/or non-remittance of collection to the carrier of their co-agencies, or any agency of the government of any individual within the period prescribed by law or by the rules and regulations and circulars of the Office.
2. Making any false declaration or statement, or making use of any such declaration or statement or any document containing fraud or any act of misrepresentation for the purpose of obtaining the issuance, grant, or renewal of any certificate of registration or Mayor's Permit.
3. Failure to comply with or to contravene any of the conditions set forth in the Mayor's Permit.
4. Failure to meet the standards and the requirements for the operation of the Tourism related businesses, as prescribed in this Code.
5. Serious physical injury or loss of life of any guest due to the fault or negligence of any official or employee of the property.
6. Allowing or permitting the business, including any of its facilities, to be used for illegal, immoral or illicit activities.
7. Violation or non-compliance with any of the provisions of this Code and circulars issued by the Office.
8. Failure to renew the permit within the period required under this ordinance or non-compliance with the requirements provided under this ordinance.
9. Fraudulent representation, written or oral, by the chief executive officer/manager of the agency for the purpose of securing issuance of any license under these rules.
10. Gross and evident bad faith in dealing with clients/fraudulent solicitation of business.
11. Employment or hiring of tour guides who are not holders of a license issued by the City Mayor including working visa and work permit in the case of a non-Filipino employee, whether contractual or permanent.
12. Opening of any branch without prior approval of the Office.
13. Non-compliance with or non-submission of any of the requirements for the renewal of license required under Section 151 of this Ordinance.
14. Violation of any of the provisions of this Ordinance, circulars and orders of the Office, and violation of any of the conditions of the C/LTFRB franchise.
15. Fraudulent representation, written or oral by the owner/general manager of the company, for the purpose of securing issuance or renewal of license. cEaSHC
16. Tolerance of gross misconduct, discourtesy, dishonesty or misrepresentation committed by any of the operator's officers or employees against its passengers to the detriment of the tourism industry.
17. Willful violation of the agreement or contract entered into by tourist transport operators and its clients or passengers.
18. Failure to replace or renew the surety bond mentioned in this Ordinance within fifteen (15) days from the date when said bond is ordered forfeited or confiscated in accordance with these Rules, or cancelled or revoked for whatever cause.
19. Failure to pay fines, as well as fees, dues and contributions imposed under existing laws.
20. Failure to submit a notice of any change in its personnel within fifteen (15) working days of such change.
21. Failure to obey or comply with the duly promulgated orders or decisions of the Office, as well as circulars of the DOT;
22. Any other act or omission that works against the interest of the tourism industry.
SECTION 175. Penalty. — In case of violation of the preceding section except for number (5) and (6), the following penalties shall be imposed:
1. First Offense — Suspension of operation for One (1) month and a fine of Three Thousand (Php3,000.00) Pesos;
2. Second Offense — Suspension of operation for six (6) months and a fine of Four Thousand (Php4,000.00) Pesos; and
3. Third and Subsequent Offenses — Cancellation of Mayor's Permit and a fine of Five Thousand (Php5,000.00) Pesos plus perpetual disqualification to engage in any tourism-related businesses.
For grounds under numbers (5) and (6), aside from cancellation of Mayor's Permit and perpetual disqualification to engage in any tourism-related businesses, the business owner/proprietor, operator or manager, as the case may be, shall likewise be penalized to pay a fine in the amount of Five Thousand Pesos (Php5,000.00).
The penalties provided herein are without prejudice to other penalties imposable for violations of other laws.
SECTION 176. Violations of Local Tour Guiding Regulations. — The following acts/omission shall be considered violations of the Local Tour Guiding Regulations:
1. Any overt act of dishonesty, misrepresentation, or misconduct committed against a member of his/her tour group or against an employer or co-employee.
2. Failure to comply with the requirements of the compulsory wearing of uniform and ID's.
3. Violation of any of the provisions of this code, circulars and orders of the City.
4. Gross and evident bad faith in dealing with guests/fraudulent solicitation of business.
5. Tampering of IDs.
6. Serious physical injury or loss of life of any guest due to the fault or negligence of the tour guides.
7. Encouraging, allowing, or failure to report guests who are engaged in any illegal, immoral or illicit activities.
8. Encouraging, allowing, or failure to report any violation of environmental laws and ordinances by guests.
9. Conviction of a crime involving moral turpitude, and violations as provided for under the Tour Guiding rules and regulations.
SECTION 177. Penalty. — In case of violation of the preceding section except for letters (6) to (9), the following penalties shall be imposed:
For Local Tour Guide: IAETDc
1. First offense — Fine of Two Thousand Five Hundred Pesos (P2,500.00) and suspension for one (1) month;
2. Second offense — Fine of Three Thousand Five Hundred Pesos (P3,500.00) and suspension for three (3) months; and
3. Third offense — Fine of Five Thousand Pesos (P5,000.00) and cancellation of license.
For violations provided under letters (6) and (9), aside from cancellation of license and perpetual disqualification to be employed and accredited as tour guide, the tour guide shall likewise be penalized to pay a fine in the amount of five thousand pesos (Php5,000.00).
The penalties provided herein are without prejudice to other penalties imposable for violations of other laws.
SECTION 178. Penalty for Engaging in the Tourism Related Business Without License. — Any entity not licensed by the City except Travel and Tour Business and Tour guides who engages in a tourism related business shall be given three (3) notices with ten (10) days interval on each notice for the entity to secure license with the following administrative fines and penalties, to wit:
| First notice | - | a fine of Two Thousand Five Hundred (Php2,500.00) Pesos; |
| Second Notice | - | a fine of Three Thousand Five Hundred (Php3,500.00) Pesos; |
| Third Notice | - | a fine of Five Thousand (Php5,000.00) Pesos or imprisonment of |
| not more than one year, or both, plus perpetual disqualification to | ||
| engage in any tourism-related businesses. |
Travel and Tour Business and Tour guides shall be given notice to stop its operation and to stop from engaging in tour guide profession, respectively, from receipt of the notice and shall be mitted with administrative fines and penalties to be imposed by the City in the amount of not more than Five Thousand (Php5,000.00) Pesos or imprisonment of not more than one year, or both, without prejudice to prosecute under other applicable laws, rules, and regulations.
ARTICLE XII
Miscellaneous Provisions
SECTION 179. Restroom Fees. — All city government managed restrooms, in order to provide for a sustainable maintenance and cleanliness shall impose a restroom fee of a minimum of P5.00 but not exceeding P10.00 for every use.
SECTION 180. Separability Clause. — The provisions of this Ordinance are hereby declared separable, and in the event that any one or more of such provisions are declared invalid, the validity of all other provisions shall not be affected thereby.
SECTION 181. Repealing Clause. — Any Ordinance, rules or regulations, or any parts thereof inconsistent with this ordinance are hereby repealed, amended or deemed modified.
SECTION 182. Effectivity. — This Ordinance shall take effect 15 days after its publication in a local or national newspaper of general circulation.
CARRIED AND APPROVED.
ENACTED AND PASSED this 12th day of October, 2015.
I HEREBY CERTIFY to the correctness of the foregoing.
REY A. BUHIONSecretary to the Sanggunian
ATTESTED AND CERTIFIED
GETERITO T. GEMENTIZA, MDMGCity Vice Mayor(Presiding Officer)
APPROVED:
ALLAN L. RELLON, DPA, PHDCity Mayor
n Note from the Publisher: Copied verbatim from the official copy. Item 1 should be item a.
n Note from the Publisher: Copied verbatim from the official copy. Item 9 should be item i.
n Note from the Publisher: Copied verbatim from the official copy. Missing item a and b.
n Note from the Publisher: Copied verbatim from the official copy.
n Note from the Publisher: Copied verbatim from the official copy.
n Note from the Publisher: Copied verbatim from the official copy.
n Note from the Publisher: Copied verbatim from the official copy.
Cite This Law
Tagum City Tourism Code, Tagum City Ordinance No. 708-15, Oct 12, 2015 (Philippines)
Tagum City Tourism Code, Tagum City Ordinance No. 708-15 (Phil. 2015)
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