Transparent Ticket Box in Movie House, Cockpit, Disco House, and other similar establishments
Section 1. Transparent ticket boxes are hereby required from all movie houses, cockpits, disco houses and other similar establishments collecting entrance fee to determine the volume of tickets sold, to be implemented as follows:
- Tickets for admission shall be provided consecutively to the official representative of the City Treasurer’s Office and shall be serially numbered indicating the name of the amusement place and the fee charged for admission;
- Ticket rolls or booklets shall be registered with the City Treasurer’s Office before issuing the tickets;
- Admission tickets shall be torn into halves once issued, the first half to be given by the gatekeepers to the customers or patrons and the other half to be deposited in a ticket box provided therefor and be made available for inspection by the Treasurer or his deputy, or turn over the other halves to the CTO representative;
- A strong and safe ticket box shall be provided to contain the admission ticket halves and provide such boxes with a separate padlock, the only key shall be deposited with the City Treasurer;
- The Management of all moviehouses/cockpits thru their representatives together with the CTO authorized representative shall be required to submit their ticket receptacles/boxes to the office of the City Treasurer for counting and verification every change of program as the case of moviehouses and every Monday as for cockpits. The receptacles shall be returned after verification.
Section 2. Failure to comply with this ordinance shall subject the owners/operators to a fine of Two Thousand Pesos (P2,000.00) for the first offense, Three Thousand Pesos (P3,000.00) for the second offense, or a fine of Five Thousand Pesos (P5,000.00) and/or cancellation of business permit on the third offense.
Label on Locally-Manufactured Products
Section 1. All manufacturers of finished products in the city are required to bear the name “General Santos City” in every label of all kinds of products for local or domestic consumption.
Section 2. Violation of this ordinance shall subject the manufacturer and/or any person responsible for mislabeling to a fine of P1,000.00 or an imprisonment of six (6) months or both at the discretion of the court for the first offense and likewise revocation of their permits to operate for the next succeeding offenses.
Posting of Buying Price of Agricultural Products
Section 1. All agricultural buying stations in General Santos City are hereby required to post their buying prices on all agricultural commodities/products.
Section 2. The use of billboards of not less than 2×3 feet-area is encouraged to be installed at conspicuous places right within the perimeter of agricultural buying stations.
Section 3. All agricultural buying stations shall follow the posted buying price of agricultural products.
Section 4. In violation of this ordinance shall subject the offender/s to a fine of Two Thousand Pesos (P2,000.00) for the first offense, Three Thousand Pesos (P3,000.00) for the second offense, or fine of Five Thousand Pesos (P5,000.00) and/or imprisonment of not more than five (5) months or both at the discretion of the court on the third offense.
Section 5. In case of corporation/partnership and other juridical persons, the manager or any person acting in that capacity shall be liable for the violation of this ordinance.
Selling of Foodstuff Near School
Section 1. The vending or selling of foodstuffs and other related goods in front of school gates and road shoulders within the perimeter of the schools is hereby prohibited.
Section 2. All existing mobile food stalls, stores, or any other structure used to display foodstuffs and other related goods, within the 50 meter-distance from the school should be relocated.
Section 3. The City Economic Management and Cooperative Development Office (CEMCDO) shall establish and update the database of all ambulant vendors in the city and shall facilitate its registration with the Business Permit and License Division of the City Mayor’s Office.
Section 4. Violation of the Ordinance shall subject the offender/s to the following penalties:
First Offense – P200.00
Second Offense – P500.00
Third Offense – P1,000.00
TITLE AND POLICY STATEMENT
Section 1. Title. – This Ordinance shall be known and cited as the General Santos City Investment Code of 2004.
Section 2. Policy Statement. – To stimulate and enhance the growth and development of General Santos City, it is hereby declared the policy of the city government to encourage new investments, expansions and/or diversification of industries without impairing the ecological balance, in accordance with the agro-industrial development framework of the City and its surrounding areas.
DEFINITION OF TERMS
- New Enterprise – shall mean new investments commercially operating not more than one (1) year falling with the Investment Priority Areas (IPA) as defined by the Board.
- Existing Enterprise – refers to an enterprise already operating in General Santos City and plans to diversify/expand to other business ventures falling within the IPA as defined by the Board.
- Registered Enterprise – includes an individual, partnership, cooperative, corporation or other entity incorporated under Philippine laws and registered with the General Santos City Investments Promotion Board.
- Board – refers to the General Santos City Investments Promotion Board (GSCIPB).
- Bonafide Resident – refers to a person with at least six (6) months residency, or a registered voter of General Santos City.
- Investment Code – refers to the General Santos City Investment Code of 2004.
- Investment Priority Areas (IPA) – refers to a list of priority economic areas which are eligible for incentives under the Investment Code.
- Government – refers to the Local Government Unit of General Santos City.
- GSCIPC – refers to the General Santos City Investment Promotion Center.
- Capitalization – refers to the total project cost.
- Micro Enterprise – Not less than P1,000,000.00 but not more than P3,000,000.00 capitalization.
- Small Enterprise – P3,000,001.00 to P15,000,000.00 capitalization.
- Medium Enterprise P15,000,001.00 to P100,000,000.00 capitalization.
- Large Enterprise – P100,000,001.00 and above capitalization.
GENERAL SANTOS CITY INVESTMENTS PROMOTION BOARD
Section 3. General Santos City Investments Promotion Board (GSCIPB) – The General Santos City Investments Promotion Board shall implement the provisions of this Code.
Section 4. Composition of the Board – the GSCIPB shall be composed of the following:
Chairperson: City Mayor
Vice-Chairperson: Permanent Representative, Department of Trade and Industry,
General Santos City Field Office
- Chairman, Trade, Commerce and Industry Committee – Sangguniang Panlungsod.
- Permanent Representative, General Santos City Chamber of Commerce and Industry, Inc.
- Permanent Representative, Department of Environment and Natural Resources (DENR)
- Permanent Representative, Notre Dame of Dadiangas University (NDDU) Business Resource Center, Inc.
- Department Head, City Economic and Cooperative Development Office (CEMCDO)
- Permanent Representative, City Bankers Association of General Santos (CBAGS).
- Permanent Representative, South Cotabato Filipino-Chinese Chamber of Commerce and Industry.
- Permanent Representative, Department of Labor and Employment (DOLE).
- Permanent Representative, City Tourism Council
Section 5. Meetings and Quorums – the Board shall meet once a month, or as the need arises. The presence of the majority members shall constitute a quorum to do business. All decisions and policies acted upon by at least majority of the members present during the meeting there being a quorum shall be considered valid.
Section 6. Powers and Functions. – The following shall be the powers and functions of the Board:
To formulate policies that will improve the investment climate in General Santos City.
b.1. to identify and review investment priority areas eligible for incentives;
b.2. to formulate a short and medium term investment promotions plan;
b.3. to supervise the operation of the GSCIPC;
b.4. to approve or reject applications for registration for incentives under this Code; and
b.5. to coordinate closely with other government agencies and/or private organizations in implementing the city’s investment promotions programs.
GENERAL SANTOS CITY INVESTMENTS PROMOTION CENTER (GSCIPC)
Section 7. General Santos City Investments Promotion Center. – There shall be a General Santos City Investments Promotion Center manned by personnel and under the administrative control of the City Economic Management and Cooperative Development Office (CEMCDO). The location of the GSCIPC should be in a strategic place within the commercial center of the city.
Section 8. Duties and Responsibilities.
A. To serve as secretariat of the Board.
a.1. Provide minutes of the meeting to all members of the Board
a.2. Perform administrative and other functions as directed by the Board
a.3. Prepare budgetary requirements for the operations of the Board.
a.4. Keep all records and maintain a library of literature regarding investments.
B. To conduct preliminary evaluation of applications for registration or incentives and submit its recommendation to the Board;
C. To conduct studies, gather and analyze data needed by the Board;
D. To monitor compliance by registered firms with the provisions of the Code and the terms of their registration;
E. To provide investment facilitation assistance; and
F. To perform other functions as directed by the Board.
INVESTMENT PRIORITY AREAS
Section 9. Investment Priority Areas. – The identified general Investment Priority Areas eligible for incentives are:
- Manufacturing Industry
- Tourism Development
- Infrastructure Development; and
- Support Services
Within thirty (30) days from the effectivity of this Ordinance and in consultation with other partner agencies, the Board shall identify the specific IPA falling with the general Investment Priority Areas.
QUALIFICATION OF ENTERPRISE
Section 10. General Qualifications. – All new and existing enterprises seeking to apply for incentives under this Ordinance shall meet the following criteria:
- Show proof of financial capacity and capability to undertake the establishment, expansion or diversification of the project;
- The project must entail a minimum capitalization of not less than one million pesos (Php1,000,000.00).
Section 11. Qualification of New and/or Existing Enterprises. – The following qualifications must be met by new/and or existing enterprises in order to avail of the local incentives provided in this Code:
- Compliance with all requirements mandated under the existing local and national laws and the Philippine Constitution;
- The place of operations/production shall be in General Santos City;
- The proposed project must be in the list of IPA;
- At least eighty percent (80%) of construction and operation workers are residents of General Santos City, except in cases, as verified and approved by the Board, when the expertise required is not available in the locality.
Section 12. Registration Requirements. – An application for registration shall be secured and filed with the Board with the following documents attached:
A. Official Receipt issued by the City Treasurer as payment of a non-refundable filing fee of Two Thousand Pesos (Php2,000.00).
B. Three (3) copies of fully accomplished application form.
C. Three (3) copies of project feasibility study of the proposed investment, including the list of officers of the corporation and the persons responsible for the project, with their bio-data.
D. Mayor’s Permit.
E. Additional for New Enterprise:
E.1. For corporation or partnership, a Certification of Registration from Securities and Exchange Commission and Articles of Incorporation/Partnership and By-Laws.
E.2. For single proprietorship, a Business Name Registration from Department of Trade And Industry.
E.3. For cooperatives; CDA Registration Certificate, Certificate of Good Standing from CDA.
F. Additional for Existing Enterprise; same as the new enterprise and the latest Audited Financial Statement.
G. Board Resolution or Letter of Intent of applicant enterprise authorizing the filing of the application for incentives with the Board and designating a representative for the purpose.
Section 13. Registration Procedures. – The Board shall formulate rules and regulations to facilitate the processing of the application, and devise forms for the use of the applicants.
Section 14. Certificate of Registration. – A registered enterprise shall be issued a Certificate of Registration by the Board within the timeframe prescribed under the Implementing Rules and Regulations (IRR) of this Code.
INCENTIVES TO REGISTERED ENTERPRISES
Section 15. Fiscal, Non-Fiscal and Other Incentives. – All enterprises registered under this Investment Code shall enjoy the following incentives parallel to those being offered under existing national laws, such as, those under the Board of Investments, the Philippine Economic Zone Authority and the Barangay Micro Business Enterprise (R.A. No. 9178).
A. Fiscal Incentives
a.1. Full exemption from payment of all local regulatory fees and business taxes.
a.2. Full exemption from payment of real property tax imposed on new improvements based on the General Santos City Revenue Code.
Under these incentives, the number of years of exemptions is granted based on the type of enterprise enumerated below:
|Type of Enterprise||Years of Exemption|
|Micro Enterprise||Not More Than Three (3) Years|
|Small & Medium Enterprise||Not More Than Five (5) Years|
|Large||Not More Than Seven (7) Years|
B. Non-Fiscal Incentives
Assistance or provision of guidance in the preparation of application documents through the General Santos City Investments Promotion Center.
C. Other Incentives
The Sangguniang Panlungsod may grant other incentives upon the recommendation of the Board.
Section 16. Funding. – The Sangguniang Panlungsod shall annually appropriate sufficient funds for the operations of the Board based on the approved work and financial plan submitted by the Board. The Sangguniang Panlungsod shall also appropriate funds for the setting up of the General Santos City Investments Promotion Center.
Section 17. Implementing Guidelines. – The Board shall promulgate the rules and regulations to implement the intent and provisions of this Code within ninety (90) days from the approval of this Code by the Sangguniang Panlungsod and shall have the authority to impose such fines in amounts that are just and reasonable in cases of non-compliance on the part of the registered enterprise with reporting and other requirements under this Code and its Implementing Rules and Regulations. Such Rules and Regulations shall take effect fifteen (15) days following its publication in a local newspaper of general circulation within General Santos City.
Section 18. Penal Provisions. – Any violation of the provisions of this Code whether in part or in whole, shall be a ground for the cancellation of the business registration with the Board and the immediate withdrawal of all the incentives granted under this Code. The following are grounds for cancellation of business registration:
A. Non-compliance in the reportorial requirements such as:
A.1. Audited Annual Financial Statement within thirty (30) calendar days after its submission to the Bureau of Internal Revenue.
A.2. Report of bonafide General Santos City residents hired within thirty (30) calendar days from date of employment.
A.3. Falsification of information.
B. Failure to commence operations within the timeframe specified on the project feasibility study submitted.
C. Violation on pertinent laws and regulations.
Section 19. Procedures in Amending the Code.
In the event of any motion for amendment on the Investment Code signed by the majority members of the Board, the Chairman of the Board shall call a special meeting for the purpose.
A. If the motion finds merit, the Chairman of the Board shall submit a list of recommendations on proposed amendments duly endorsed by the Board.
B. A meeting shall be called to deliberate on the recommendations and upon arriving at a decision, a resolution shall be presented to the Sangguniang Panlungsod for final action.
Registration and Calibration of Weighing Scales or Instrument of Weights and Measures
Section 1. Title. – This Ordinance shall be known as “An Ordinance Prescribing For The Procedures And Guidelines In The Registration, Calibration, Inspection, Control And Supervision Of All Weights And Measures Used In The City Of General Santos.”
Section 2. Possession/Use of Unregistered Weights and Measures. – No person who is making a practice of buying or selling goods by weights or measures, or furnishing services the value of which is estimated by weights or measures, shall possess or use any such unregistered weights and measures while doing business within the City of General Santos.
Section 3. Inspection, Registration, Sealing and Monitoring Weights and Measures. – (a.) Within the first month of every year, the City Treasurer, his/her representative, or any person authorized to perform such duty, shall conduct a thorough inspection, registration, and sealing of all weights and measures used by all concerned persons in the City of General Santos, and, at the outset of every quarter thereafter, shall regularly monitor the possession and use of such registered and sealed weights and measures to ensure that none of the official seals thereof has been altered.
(b.) After finding such weights and measures to be sufficiently accurate as compared with the secondary standards, the City Treasurer, his/her representative, or any person authorized to perform such duty, shall seal the same and accordingly issue a certificate of registration for every such sealed weights and measures.
(c.) The same certificate of registration shall form part of the prerequisites to be accomplished by the persons concerned in applying for Business Permits and shall be valid and effective only for one (1) year.
(d.) The City Treasurer, his/her representative, or any person authorized to perform such duty shall also collect reasonable fees due from such inspection, registration and sealing of weights and measures based upon the provisions specified under Section 72 and Section 75 of the General Santos City Revenue Code of 1996.
Section 4. Assignment of a duly accredited repair shop for weights and measures. – To avoid the commission of frauds, the Sangguniang Panlungsod, by virtue of a Resolution, shall assign and accredit a person who shall act as the exclusive repair shop for all such registered weights and measures whenever the same may have become inaccurate, defective or destroyed. Only the said assigned and accredited person shall be permitted to break the seals stamped upon every registered weights and measures subjected for maintenance or repair. After fixing the subject weights and measures, he/she shall forthwith bring the same to the City Treasurer’s Office for resealing.
Section 5. Penalty. – Any act done in violation of this Ordinance shall subject the offender to the following penalties:
FIRST OFFENSE – a fine of Two Thousand Pesos (P2,000.00);
SECOND OFFENSE – a fine of Three Thousand Pesos (P3,000.00);
THIRD OFFENSE – a fine of Five Thousand Pesos (P5,000.00) and revocation of permit to operate business and permanent closure of the business.
Presence of Representative of Funeral Parlor Inside Hospital
Section 1. The presence of representatives or agents of funeral parlors at all times inside the premises of hospitals in the City is hereby declared prohibited, except when the presence of such duly authorized representatives or agents shall have been called and engaged by the family member of the dead patient to provide services of the funeral parlor they represent;
It is likewise prohibited for any staff or employee of the hospital to pose as agent of funeral parlor or to the latter’s agents or representatives.
Section 2. Any violation of this Ordinance shall subject the offender thereof to an imprisonment of ten (10) days and a fine of not more than five thousand pesos (P5,000.00).
Registration of Barangay Micro Business Enterprises
Section 1. Declaration of Policy. As stated in Section 2 of RA 9178, it is the policy of the State to hasten the country’s economic development by encouraging the formation and growth of barangay microbusiness enterprises which effectively serve as seedbeds of Filipino entrepreneurial talents, and integrating those in the informal sector with the mainstream economy, through the rationalization of bureaucratic restrictions, the active intervention of the government specially in the local level, and the granting of incentives and benefits to generate much needed employment and alleviate poverty.
Section 2. Definition of Terms. – When used herein, the following terms shall mean:
(a.) Act – shall refer to the “Barangay Micro Business Enterprises Act of 2002”.
(b.) Barangay Micro Business Enterprise (BMBE) – shall refer to any business entity or enterprise engaged in the production, processing or manufacturing of products or commodities, including agro-processing, trading and services, whose total assets including those arising from loans but exclusive of the land on which the particular business entity’s office, plant and equipment are situated, shall not be more than Three Million Pesos (P3,000,000.00) subject to review and upward adjustment by the SMED Council, as mandated under Republic Act 6977, as amended by Republic Act 8289. A BMBE shall include any individual owning such business entity/enterprise, partnership, cooperative, corporation, association or other entity incorporated and/or organized and existing under Philippine laws; and registered with the Office of the Treasurer of a city or municipality in accordance with this implementing rules and regulations.
(c.) Services – shall refer to the following community, social and personal services rendered by a business entity/enterprise: 1) repair and maintenance of business, personal and household goods (e.g. repair of motorcycles); 2) hotels and restaurants; 3) transport, storage and communication; 4) financial intermediation; 5) real estate; 6) education; 7) health and social work; 8) and other similar business activities. It shall exclude those rendered by any one, who is duly licensed by the government after having passed a government licensure examination, in connection with the exercise of one’s profession.
(d.) Certificate of Authority (CA) – shall refer to the certificate issued to an applicant authorizing the same to operate as a BMBE and to be entitled to the benefits and privileges accorded to a registered BMBE.
(e.) Employees – shall mean all persons directly hired by the BMBE whether full time or part-time.
(f.) Assets – shall mean all kinds of properties, real or personal, owned by the BMBEs and used in the conduct of its business, including those arising from loans but exclusive of the land on which the particular business entity’s office plant and equipment are situated. However, for purposes of exemption from taxes and fees, it shall include all kinds of properties, real or personal, owned and/or used by the BMBE and its affiliates for the conduct of its/their business/es, but exclusive of the land on which the particular business entity’s office plant and equipment are situated: Provided, That, for these purposes, the value of the assets, shall be determined as follows:
(i) Assets owned by existing entities/enterprises – book value appearing on the audited financial statements, or in the absence thereof whichever is the higher of the fair market value as determined by the City Treasurer or by the Commissioner of the Bureau of Internal Revenue.
(ii) Assets owned by the new entities/enterprise – acquisition cost, or in the absence thereof the replacement cost.
(g.) Affiliate – shall refer to any person, natural or juridical, that, directly or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, the specific person.
(h.) Registration – shall mean the inclusion of a BMBE in the BMBE Registry of a city or municipality.
(i.) BMBE Registration Officer – refers to the City Treasurer who is tasked to implement the BMBE registration and-who shall establish within its unit appropriate procedures for the registration of BMBEs.
(j.) NGOs – shall refer to non-stock, non-profit corporations, foundations, business associations and civic groups organized purposely for the benefit of their respective members or to enhance the development of a community through socio-economic development projects like community organization and/or lending to income generating projects.
(k.) Cooperatives – shall refer to duly registered associations of persons, with a common bond of interest, who have voluntarily joined together to achieve a lawful common, social or economic end and who contribute equitably to the capital required and accept a fair share of the risks and benefits of the undertaking in accordance with universally accepted cooperative principles.
REGISTRATION OF BMBE
Section 3. Place of Registration. – The Office of the City Treasurer shall register qualified BMBEs and issue a CA to enable the BMBE to avail of incentives under the Act; Provided, that only one CA shall be issued for each BMBE and only by the Office of the City Treasurer that has jurisdiction over the principal place of business of the BMBE.
Section 4. Functions of the BMBE Registration Officer. The City Treasurer as the BMBE Registration Officer shall have the following functions:
- Establish a One-Stop Business Registration Center to handle the efficient registration and processing of permits/licenses.
- Review, approve/disapprove processed applications
- Issue Certificate of Authority
- Issue Notice of Cancellation to BMBEs
- Submit periodic reports to DILG, DTI, and BIR District Office
- Monitor the BMBEs
- Appoint Assistant Registration Officer from among his/her staff.
- Upon registration, the Registration Officer shall see to it that the information indicated in the application is legitimate by inspecting the existence of business. In the event that there are material discrepancies in the information, this may be a ground for denial of its application.
- The City Treasurer shall visit the business establishment at least once a year to ensure that BMBEs are engaged solely in the business duly authorized.
- The City Treasurer shall require the submission of Annual Financial reports duly audited by an independent auditor.
- He/She shall be responsible in determining whether the BMBE has complied with the requirement of renewing the Certificate of Authority every two years from date of registration unless cancelled or revoked.
- Submit report to the Department of the Interior and Local Government any violation arising from the operation of business as BMBE.
Task of Assistant Registration Officer:
- Receives applications with complete documents and process the same within 15 working days.
- Maintains a BMBE Registry on relevant information regarding approved/disapproved applications, and cancelled CA.
Section 5. Who are eligible to register. – Any person, natural or juridical, cooperative or association, existing or start-up, having the qualifications herein below enumerated, may apply for registration as BMBE:
- One who has an asset size of not more than three million pesos (P3,000,000.00) excluding land before applying for BMBE registration; and
- One who engage solely in business activities as defined in Sec. 2(b) of this IRR.
Section 6. Requirements for Registration. The applicant for BMBE registration shall submit the following:
A. For single Proprietorship
a.1. Duly filled-up application form in triplicate copies signed by the owner or manager of the entity (BMBE Form 01);
a.2. Three (3) pictures of the owner and of the manager (if applicable);
a.3. Copy of approved license to operate/business license (for existing);
a.4. Business name registration with the DTI duly authenticated by DTI Examiner (if new business enterprise).
B. For Corporation/Partnership
b.1. All requirements stated for single proprietorship except a.4;
b.2. SEC registration;
b.3. Tax Identification Number;
b.4. Audited Financial Statements at the time of application.
C. For Cooperatives
c.1. All requirements stated for single proprietorship except a.4;
c.2. CDA registration;
c.3. Certificate of Good Standing;
c.4. Audited Financial Statements done by CDA-Accredited CPA.
D. For associations/organizations
d.l. All requirements stated for single proprietorship;
d.2. Certificate of accreditation from any government accrediting agency;
d.3. Audited Financial Statements at the time of application.
Section 7. Fees and Charges. – There shall be imposed a registration fee of one thousand pesos (PI,000.00) for every line or nature of activity registered as BMBE to defray the administrative costs of registering and monitoring the BMBEs. All fees and charges derived from the registration of BMBEs shall accrue exclusively to the City and shall be used for the administration of the Act and for development projects approved by the City Council.
Section 8. Approval of Application for Registration and Issuance of Certificate of Authority (CA). – Upon receipt of complete requirements for registration, the City Treasurer shall note the date of receipt in the application form (BMBE Form 01). The BMBE application for registration shall be acted upon by the Registration Officer whose office shall issue a CA (BMBE Form 02) within fifteen (15) working days from receipt of complete registration requirements.
Applications not acted upon within the required fifteen (15) working days shall be deemed registered, provided that the BMBE has completely complied with all the requirements/documents necessary to process the registration. The CA shall be issued within five (5) working days after the lapse of the required fifteen (15) working days.
The BMBE Authority shall be valid for a period of two (2) years from date of registration, renewable for a period of two years for every renewal unless cancelled.
Section 9. Denial of Application for Registration. – The denial of any BMBE application shall be conveyed to the applicant within fifteen (15) working days from receipt of the same, stating the grounds for denial (BMBE Form 03).
BMBE CERTIFICATE OF AUTHORITY
Section 10. Cancellation of BMBE Certificate of Authority. – The BMBE Certificate of Authority may be cancelled by the City Treasurer’s Office, based on any of the following grounds:
- Voluntary surrender of the BMBE Certificate of Authority by the registered BMBE;
- Death of the registered owner, in case of single proprietorship, unless there is a transfer of ownership in accordance with Sec. 15 of the IRR;
- Violation or non-compliance of the BMBE to the provisions of R.A. 9178, and of its implementing rules and regulations;
- Merger or consolidation with an entity which is not eligible to be a BMBE.
The City Treasurer’s Office shall give written notification to the BMBE of the cancellation which must surrender its CA to the former.
Section 11. Notification of Change of Address. – For purposes of monitoring, BMBEs transferring their business location shall notify within five (5) working days the city where they are registered of such change of address using Form 04. In case they locate to another city or municipality, they shall likewise notify the BMBE Registration Officer in their new city or municipality of their presence therein and present their BMBE Certificate of Authority for entry in the new Registry. The Registration Officer in the new location shall notify the Registration Officer in the previous locality of said transfer and request cancellation of the old CA.
Section 12. Transfer of Ownership. – The BMBE shall report within five (5) working days to the BMBE Registration Officer any change in the status of its ownership structure; Provided, That, in the case of an individual, he/she shall surrender the original copy of the BMBE Certificate of Authority for proper notation of the transfer.
Section 13. Establishment of Branches. – For purposes of monitoring, registered BMBEs which have opened branch/es in the same city after the issuance of the BMBE Certificate of Authority shall notify the BMBE Registration Officer, of such opening within five (5) working days from the establishment of such branch/es. The assets of such branch/es shall be considered as part of the assets of the registered BMBE.
INCENTIVES AND BENEFITS
Section 14. Exemption from taxes and fees. – A registered BMBE shall be exempt from income tax on income arising purely from its registered operations pursuant to Section 9, Chapter III of RA 9178; Provided, that it shall be subject to other pertinent taxes imposed by the National Internal Revenue Code of 1997, and to such other minimal requirements imposed by the Bureau of Internal Revenue (BIR) pursuant to the revenue regulations issued for these purposes.
Interests, commissions and discounts from loans granted by the LBP, DBP, PCFC, SBGFC, SSS, and GSIS, to a duly registered BMBE, whose total assets owned and used for the conduct of business at the time the loan was granted does not exceed Three Million Pesos (P3,000,000.00), for use in its registered operations shall be exempt from the gross receipts tax (GRT).
The Local Government Unit of General Santos City shall impose the amount of local taxes to BMBE based on the prevailing tax rate in the General Santos City Revenue Code of 1996.
Hauling, Refilling, Dealing or Retailing of Liquefied Petroleum Gas
Section 1. Short Title. – This Ordinance shall be known otherwise as the “2006 LPG Industry Ordinance of General Santos City”.
Section 2. Scope and Coverage. – This Ordinance shall cover all refilling plants, refillers, haulers, dealers, and retailers of LPG with business operations in the city. It shall govern all measures and mechanisms concerning proper handling and disposal of refilled LPG cylinders from the time of its manufacture/repair and/or refilling up to the time the same is transferred to the possession of the consumers and vice versa, including the manufacture/repair of LPG cylinders.
Section 3. Definition of Terms. When used in this Ordinance, the following terms shall mean:
- Adulteration – occurs when a refiller, dealer, or retail outlet mixes LPG with another finished or unfinished petroleum product or stock or with any non-petroleum substance or material that will result in product quality change or in the failure of the LPG to meet the required product specifications of the DOE.
- BPS – shall refer to the Bureau of Product Standards of the Department of trade and Industry.
- Brand Owner – shall refer to a person, natural or juridical, owning the brand, name, logo, color, mark, and or any distinction as registered with the Intellectual Property Office (IPO).
- Consumer – shall refer to any person or entity purchasing LPG from a dealer or distributor, either in cylinders, through a pipeline system, or through other means of distribution for his/her or its own consumption.
- Cross Filling – shall refer to the filling of cylinders by a person other than the brand owner or his/her duly authorized refiller.
- Cylinder or LPG Cylinder – shall refer to any portable pressure-vessel or containers for LPG, designed for the transportation, storage or consumption of LPG, manufactured in conformance with existing Philippine National Standards.
- Cylinder Refilling Plant or Refilling Plant – shall refer to any installation that is used for refilling LPG into cylinders and has LPG bulk storage and refilling facilities therefore.
- Dealer – shall refer to any person or entity engaged in the sale or trading of LPG in cylinders to consumers or retail outlets.
- Defective Cylinder – shall refer to uncertified, damaged, unsafe or dilapidated cylinders due to corrosion or pitting, dents, cuts, gouges, digs, bulges, leaks and other similar defects that render the cylinder unsafe for distribution in accordance with the guidelines set by the DTI, thus creating a substantial risk or injury to the public.
- Uncertified cylinders – shall refer to cylinders that do not comply with existing Philippine National Standards (PNS).
- DOE – shall refer to the Department of Energy, created under Republic Act No. 7638, as amended.
- DOST – shall refer to the Department of Science and Technology created under Executive Order No. 128.
- DTI – shall refer to the Department of Trade and Industry, recognized under Executive Order No. 292.
- Hauler – shall refer to any person or entity involved in the distribution and delivery of LPG in bulk or in cylinders from one place to another.
- Illegal refilling – shall refer to the:
i. Refilling of LPG cylinders by a person or entity other than the brand owner, unless specific permission is granted by the brand owner for such refilling, as evidenced by a written contract or similar instrument;
ii. Refilling of a cylinder with LPG of a brand, trademark, trade name, or registered business name other than that of the LPG brand owner indicated on the cylinder, otherwise called “pirate filling” or “cross-filling”;
iii. Refilling of an LPG cylinder without embossed markings or other indication of the brand or trade name thereof, or bearing defaced, tampered or illegible markings contrary to the mandatory labeling and stamping requirements under this Ordinance; or
iv. Refilling of an LPG cylinder which is due for repair, requalification or scrap page as provided in this Ordinance, or is subject to the recall or prohibition order of the DTI or DOE.
- LPG – shall refer to liquefied petroleum gas, which consists of commercial propane gas or commercial butane gas or a mixture of two gases, with properties conforming to the standards set forth in the Philippine National Standards, distributed to consumers either in LPG cylinders through a pipeline system, bulk storage tanks, or other means of distribution.
- Philippine National Standards (PNS) – shall refer to the standard promulgated by the BPS relating to product specifications, test methods, terminologies, and standardization procedures, guidelines or practices.
- Refiller – shall refer to any person or entity who is either a service provider authorized by a brand owner or cylinder owner to refill cylinders on the latter’s behalf, or any person or entity who refills LPG into his/her own cylinders.
- Retail Outlet – shall refer to any person or entity selling LPG in cylinders directly to a consumer in quantities as may be determined by the DOE.
- Seal – shall refer to the protective cover placed in the gas outlet of an LPG cylinder of the type that must be broken or destroyed before the LPG can flow out of the cylinder.
- Tare weight – shall refer to the net weight of the LPG cylinder excluding its content, as engraved in the collar and painted in the body thereof, and which shall be expressed in kilograms, in accordance with the specifications as may be prescribed by the DTI.
- Underfilling – occurs when refiner, importer, refiller, pipeline operator, dealer or retail outlet who sells, transfers, delivers or fills LPG the net quantity of which is actually below authorized limits than the quantity indicated or registered on the metering device of the cylinder. A broken, tampered, absent, or removed seal shall give rise to a presumption that the cylinder is under filled. A cylinder containing less than the required LPG quantity, which is not so identified and set apart or taken out from the sales area by dealers or retail outlets, is presumed to be for sale and/or distribution to consumers.
- Certificate of Compliance (COC) – refers to the certificate to be issued by the Department of Energy (DOE) to all refiners, refillers, marketers, dealers or outlets prior to the issuance of business permits by the local government units.
- BPS Accreditation – refers to the certificate that the person or entity is duly accredited by the Bureau of Product Standards in compliance to the Philippine National Standards to manufacture brand new LPG cylinders and or conduct repair and requalification of used cylinders.
Section 4. Requirement for proper LPG Cylinder labels and prohibition against Selling LPG without the Required Labels.
(a) To ensure the safety and quality of the LPG sold to the public, the cylinder containing the LPG should bear the following information, set forth in the Philippine National Standards:
- Name of the registered owner and cylinder manufacturer;
- The cylinder manufacturer’s registered trade name or brand name, trademark, and business name;
- Net Weight;
- Tare Weight;
- Sealed valve opening – all LPG cylinders must be provided with a seal after every filling. An LPG cylinder with a broken seal or without a seal shall not be sold nor distributed. The seal, which should comply with the specifications set by the DTI, must be of the type that cannot be destroyed or broken before the product can flow out of the cylinder. Address/contact information of the registered brand owner;
- Distinguishing color;
- Distinctive serial number;
- Global Check Mark for new and locally manufactured cylinders or Product Standard (PS) Quality Mark for existing older cylinders;
- For imported cylinders, name and address of the importer in the Philippines, which shall include the Import Commodity Clearance (ICC);
- Standards used;
- Date tested;
- Water capacity;
- Design and test pressures; and
- Country of manufacture.
(b) The sale and or distribution of LPG cylinders without labels required under this Section are hereby prohibited.
(c) LPG cylinders that do not bear the labels required under this Ordinance and which are not removed, set apart, or taken out from display, or normally accessible to consumers shall mean that the product is meant for sale and/or distribution to consumers.
Section 5. Prohibition against Selling LPG With Tampered/Defaced Cylinder Labels.
(a) No brand owner, refiller, dealer, and/or retailer, shall sell or distribute LPG cylinders with tampered/defaced labels.
(b) LPG cylinders that do not bear the labels required under this Ordinance which are not removed, set apart, or taken out from display, or normally accessible to consumers shall mean that product is meant for sale and/or distribution to consumers.
Section 6. Prohibition against Selling Underfilled LPG Cylinders.
(a) The allowable content of an LPG cylinder should not exceed three-tenths (0.3) of one (1) kilogram less than the indicated net weight. A shortage of more than three-tenths (0.3) of one (1) kilogram per cylinder shall constitute an act of under filling.
(b) The possession of underfilled LPG cylinders not so properly identified, or taken out from the sales area accessible to the consumer, shall give rise to the presumption that the same is for sale and/or distribution to consumers.
Section 7. Prohibition against Selling Adulterated LPG. – No brand owner, refiller, dealer, and or retailer, shall sell or distribute LPG mixed with another finished or unfinished petroleum product or stock or with any non-petroleum substance or material that will result in product quality change or in failure of the LPG to meet the required product specifications of the DOE.
Section 8. Transporting/Handling LPG Cylinders.
(a) No brand owner, refiller, dealer, and/or retailer, shall transport and/or deliver LPG cylinders in a vehicle enclosed cargo space.
(b) Vehicles used in transporting/handling LPG cylinders shall substantially have flat floors and equipped with drainage for holding cylinders which shall securely fastened in a position that shall minimize the possibility of movement and tipping over, which might cause danger to life and property.
Section 9. Weighing Devices.
(a) All refillers, haulers, dealers, and retail outlets shall maintain at all times in all their establishments or outlets and within the sales areas accessible to the public, suitable weighing devices duly calibrated and sealed annually by the City Treasurer, the DOST, or any other government agency authorized therefore, and which shall accurately measure LPG cylinders up to one-tenth (0.1) of one kilogram.
(b) All refillers, haulers, dealers and retail outlets that sell directly to consumers shall weigh the LPG cylinders prior to being placed in the sales areas and also in the presence of the consumer prior to sale, to afford the latter an opportunity to verify the correctness of the weight of the cylinders and the LPG contents thereof.
Section 10. Price Display Board. – For the convenience of the public, all refillers, haulers, dealers and retail outlets that sell LPG directly to consumers shall display the prices of each type of LPG product sold. In addition, the price display board shall contain the following information:
- Name of the owner/Proprietor of the establishment;
- Name of the company/manufacturer of the LPG offered for sale;
- Price of each type of LPG product variant (e.g. 2.7 kg., 5 kg., 11 kg., 22 kg., 50 kg., etc.); and
- Invitation for the public to verify the weight of each LPG product variant.
Section 11. Requirement for the Provision of Safety Equipment.
(a) Pursuant to DOE Department Circular No. 98-03-004, as amended, and to enable consumers to cope with LPG–related incidents, all refillers, haulers, dealers, and retail outlets that sell LPG directly to consumers shall install or provide, as the case may be, in their respective establishments within the city:
- Fire Alarms, fire extinguishers, and fire suppression devices;
- Printed materials/posters showing procedures in case of LPG-related accidents within the premises;
- Information materials in the form of information boards, brochures and emergency information kit to prevent LPG–related accidents.
(b) The requirements in (a) (2) and (3) of this Section shall be displayed in a conspicuous place and available to the public within the premises of the refiller, hauler, dealer, and retail outlet;
(c) That a person or an entity engaged in the manufacture and or repair of LPG cylinders should be accredited by the Bureau of the Product Standards under PNS 03:2000 or its future amendments.
Section 12. Provision against Illegal Refilling. – As earlier defined in Section 3(n), 1, 2, 3 and 4, no brand owner, refiller, dealer, marketer and or retailer shall engage in illegal refilling. The absence of the official seals of the brand owner, or when such seal is broken, tampered or removed shall give rise to a presumption that the cylinder was illegally refilled.
Section 13. Compliance to PNS Standards. – That a person or an entity engaged in the manufacture and or repair of LPG cylinders should be accredited by the Bureau of Product Standards under PNS 03:2000 or its future amendments.
Section 14. Enforcement. – The Task force LPG, which is created under Executive Order No. 007, Series of 2006 shall be exclusively responsible to effectively enforce the provisions of this Ordinance.
Section 15. Business Permit. – Business Permit and License Office is hereby directed not to issue or renew a business license or a permit to any person without first securing the necessary Certificate of Compliance from DOE in case of brand owner, refillers, marketers, dealers or retailers and BPS Accreditation in case of LPG cylinder manufacturer or cylinder Repairer issued by the Bureau of Product Standards of the Department of Trade and Industry. Such business license/permit shall expressly state that the brand owner, dealer, marketer or retailer is authorized to engage in the manufacture, distribution and sale of LPG in cylinders and shall be prominently displayed in the establishment.
Section 16. Penalties. – Any person, natural or juridical, found to be engaged in the sale, distribution, refilling or manufacture, repair and requalification of LPG cylinders without a Certificate of Compliance or BPS accreditation shall suffer the following penalties: (A) First Offense – Impounding of LPG cylinders until a license is secured, and a fine of P500.00 for every impounded cylinder; (B) Second Offense – Impounding of LPG Cylinders until a license is secured, and a fine of P1,000.00 for every impounded cylinder; (C) and subsequent offenses – Permanent Impoundment of LPG cylinders, imprisonment of six (6) months, and revocation of business permit.
Section 17. Penalties for Specific Violations. – Violations of the provisions of Sections 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 shall be penalized as follows: (A) First violation – reprimand and a fine of P1,000.00 for every cylinder; (B) Second violation – second warning plus a fine of P2,000.00 for every cylinder; (C) Third and subsequent violations – fine of P3,000.00 for every cylinder, imprisonment of six (6) months, and revocation of business permit.
Section 18. Authority to Impound. – All LPG cylinders found to be the subject of the violation of this Ordinance shall be impounded in favor of the city’s Local Government Unit. In accordance with the IRR of PD 1865, impounding shall be applicable to the following cases of Violation: (a) Adulterated LPG product in bulk depots, retail outlets or transit; (b) LPG cylinders found to be underfilled; (c) Violation of the prohibition on anti-hoarding; (d) LPG diverted from the buyer’s designated point; (e) LPG sold or transported by haulers without due license from the DOE; (f) LPG products without receipts; (g) LPG cylinders filled by filling plants without license from the DOE and/or filled in cylinders not owned by the filling plant or marketer who do not have the written authorization from the owner to use or fill the cylinder; and (h) LPG without tare weight and/or seal.
Section 19. Authority to conduct public auction on confiscated LPG cylinders in violation of this ordinance. – Confiscated LPG cylinders shall be subject to public auction six (6) months after the date of impoundment.
Accreditation of Homestay Sites
Section 1. This Ordinance shall be known as the General Santos City Home Stay Ordinance.
Section 2. The General Santos City Home Stay Ordinance is a support strategy to the city’s general tourism development thrust. On a broader scale, it is the Local Government’s contribution to the national effort of promoting and developing the tourism industry.
Section 3. This Ordinance is a tool in developing tourism support facilities particularly in areas where there is a shortage of accommodation and as an alternative budget-priced accommodation where there is none in the vicinity. The Home Stay Program is a support mechanism for hospitality facilities and shall not in any way pose undue competition.
Definition of Terms
Section 4. When used in this Ordinance, the following terms shall, unless the context otherwise indicates, have the following meaning:
a. Accreditation – shall refer to the process of completing the prescribed requirements to operate a HomeStay site and the eventual issuance of a certification by the Sustainable Tourism Accreditation and Registration Committee (STAR).
b. HomeStay Site (Host) – shall refer to an accommodation facility, operating not more than five (5) rooms excluding the owner’s room and servants quarter with a combined capacity not more than 15 persons, duly certified by the City Government thru the STAR.
c. Sustainable Tourism Accreditation and Registration Committee (STAR) – shall refer to the Committee of Three, namely, the Chair of the General Santos City Local Culture and The Arts Council (GSCLCTAC), The Office of the City Economic Management and Cooperative Council (OCEMCD) Head and GSCTC authorized representative, authorized to review and act on the recommendation by a competent Technical Working Group (TWG) on any application for accreditation of a Host.
d. National Homestay Program – a program of the Department of Tourism which provides travelers with comfortable accommodations with Filipino families in areas near tourist attractions.
e. Budget-priced accommodation – a duly registered budget priced hotel and other accommodation establishment with rates ranging from P00 – P500.00 (single occupancy).
f. OCEMCD – The Office of the City Economic Management & Cooperative Development.
g. GSCLCTAC – General Santos City Local Culture and The Arts Council.
h. HoSSO – Home Stay Site Owner
HOTELS AND OTHER ACCOMMODATION ESTABLISHMENTS/FACILITIES:
i. Apartel – any building or edifice containing several independents and furnished or semi- furnished apartments, regularly leased to tourists and travelers for dwelling on a more or less term basis and offering basic services to its tenants, similar to hotels.
j. Hotel – a building, edifice or premises or a completely independent part thereof, which is used for the regular reception, accommodation or lodging of travelers and tourist and the provision of services incidental thereto for a fee.
k. Motorist hotel (Motel) – any structure with several separate units, primarily located along the highway with individual or common parking at which motorists may obtain lodging and, in some instances, meals.
l. Pension house – a private of family-operated tourist boarding house, tourist guest house or tourist lodging house employing non-professional domestic helpers regularly catering to tourists and travelers, containing several independent lettable rooms, providing common facilities such as toilets, bathrooms/showers, living and dining rooms and/or kitchen and where a combination of board and lodging may be provided.
m. Tourist Inn – a lodging establishment catering to transients which does not meet the minimum requirements of an economy hotel.
n. First Class, Standard – shall refer to the classification of accommodation offered by the Homestay Site; the parameters of which are set forth in Chapter V, Sections 8 & 9 of this ordinance.
General Requirements of HomeStay Sites (HoST)
Section 5. Minimum Requirements for Homestay Sites – For purposes of accreditation, the following are the minimum requirements for the operation and maintenance of Home Stay Sites.
a. Home Stay Sites:
- There is prevailing peace and order situation as certified by the police precinct commander operating in the area.
- Site is accessible to tourists with existing public transportation services, good road condition and other basic utility services.
- The host family is willing to join the City Home Stay Program.
- The location of the Host shall not be within any danger zone such as river banks, roads-right of way, shoreline and other similar circumstances, which may be deemed unsafe by the City Planning and Development Office.
- No HoSSO must be allowed to operate within any illegally acquired lot in the city.
b. Home Facilities:
- The premises shall be pleasant, clean, orderly and secured. There shall be a signage visible from the road.
- The house must be made of durable materials, well-lighted, well-ventilated and is in good, presentable condition.
- There shall be at least one (1) adequately furnished guestroom to accommodate paying visitors.
- There shall be a well-kept dining room adequate in size, with pleasant atmosphere and furnished with appropriate and well-maintained furniture.
- There shall be a restroom with adequate, clean and well-maintained toilet and washing facilities. Tissue papers, soap, towel shall also be provided.
- The following shall be available:
– extra beds/s
– running water or if not available, adequate supply of potable water
– meals (upon request) at reasonable rates
– electric fan or other means of ventilation
- HoSSOs must complete the training workshop on Home Stay Program conducted by the STAR Committee and must conduct orientation to all household members of legal age.
Section 6. General Rules on the Operation and Maintenance of HoSS.
a. Fire-fighting Facilities. For First-Class HoSt, fire-fighting facilities shall be provided in accordance with the Fire Code of the Philippines. For Standard-class HoSS, provision of alternative indigenous fire-fighting materials is sufficient.
b. Maintenance – All facilities of the HoSt Shall be properly maintained at all times.
c. Prohibited Acts and Practices.
- No pets or animals shall be allowed within the premises.
- Ambulant vendors shall be prohibited from peddling their wares within the premises.
- All forms of gambling, drunkenness or disorderly conduct of any kind shall be prohibited in the HoSt and within its immediate premises.
Classification and Standard Requirements for Homestay Sites
Section 7. Classification of Homestay sites (HSS) – For purposes of accreditation, HoSt are hereby classified into the following categories, namely:
- First Class
- Standard Class
Section 8. Requirements for a First Class Homestay Site – The following are the minimum requirements for the establishment, operation and maintenance of a First Class HSS:
a. Bedroom Facilities and Furnishings
- Size – All single or double rooms shall have a floor area of not less than eighteen (18) square meters, inclusive bathrooms.
- Bathrooms – All rooms shall have bathrooms equipped with showers and basic fittings of good standard with hot and cold running water on a 24-hour basis.
- Telephones – House telephone shall be made available to the guest on a 24-hour basis.
- Cold Drinking Water – There shall be a cold drinking water and glasses in each bedroom.
- Room Service – Room service shall be provided selected hours.
- Furnishings and Lighting
- 1. All guest rooms shall have basic furniture of good design; floors shall be well finished;
- Lighting arrangements and fixtures in all rooms and bathrooms shall be of good standard.
- Information Materials – Room tariffs shall be prominently displayed in each bedroom plus prominent notices for services offered by the HoSSO, including provision of meals, fire exit guidelines and house rules for guests.
b. Front Office/Reception:
- Reception and Information Counter – There shall be a reception and information counter equipped with telephone, and/or internet facilities.
- Lounge – There shall be a reasonably furnished lounge.
- Long Distance/Overseas Calls – Long distance/overseas calls may be made available upon request.
- Premises shall be kept clean and tidy.
- Linen- Clean, good quality linen/blankets/towels/pillows shall be supplied.
- Laundry/Dry Cleaning Service – Laundry services shall be available by arrangement.
d. Food and Beverage:
- Dining Room – There shall be at least one equipped and well-maintained dining room.
- There shall be clean, hygienic and well-equipped and maintained kitchen;
- The kitchen shall have an adequate floor area with non-slip flooring and tiled walls and adequate light and ventilation.
- There shall be available airconditioned rooms.
- Non-airconditioned rooms shall have electric fans.
d. Service and Staff:
- The staff shall be well-mannered, experienced, and efficient;
- The staff shall be neatly-dressed.
Requirements for Standard Class
Section 9. Requirements for Standard Classification. – For purposes of accreditation, the following are the minimum requirements for the establishments, operation and maintenance of a Standard Classification.
a. Size – A Host shall have at least one (1) rentable room with floor area not less than 6 square meters.
- The bedroom 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 to depict the true atmosphere of a Filipino home.
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 (1) toilet and one (1) bathroom/shower for every five (5) guests. Soap and tissue paper shall be provided at all times.
d. Linen – There shall be adequate supply for clean linen.
e. Living Room – There shall be a reasonably furnished lounge or living room area commensurate with the size of the HoSt where guests may receive visitors or read.
f. Dining Room – The HoSt shall have a dining room which shall be available for the common use of its guests.
g. Telephones – House telephone shall be made available to the guest on a 24-hour basis.
Application for Accreditation
Section 10. Application Form. – Any interested homeowner may secure the prescribed application forms and list of requirements from the OCEMCD upon presentation of Official Receipt from CTO for payment of a non-refundable application fee of P100.00.
Section 11. Supporting Documents. – To be submitted with the duly accomplished Application Form. Unless otherwise indicated in the form the application shall be accompanied by two copies of the following documents:
- Community Tax Certificate for the current year
- Barangay Clearance
- Police Clearance
Section 12. Creation of a Technical Working Group. There shall be created:
- Technical Working Group headed by the Chairperson of Kagandahan Gensan and authorized representatives from the City Health Office and Philippine National Police as members.
- Secretariat – The Tourism Cultural Promotion and Development Division of the Office of the City Economic Management and Cooperative Development shall act as the secretariat of the STAR Committee.
Section 13. Ocular Inspection of Establishment and its Immediate Premises. – Upon receipt of Application and Evaluation Form, with corresponding Official Receipt (OR), the Technical Working Group (TWG) shall conduct an ocular inspection of the establishment and its immediate premises for the purpose of determining compliance with the standards set by this Ordinance.
Section 14. Checklist to be Accomplished during Ocular Inspection of Establishment. – The Secretariat shall provide the TWG Form and the requirement checklist.
Section 15. Accomplishment of Evaluation Sheet by TWG. – All pertinent information as supplied by the applicant or as observed by any TWG member at the time of actual inspection must be explicitly stated in the evaluation sheet. The applicant shall acknowledge the valid observations by affixing his/her signature thereof.
Section 16. Evaluation and Approval Report. – Within two (2) working days from the date of the inspection of the establishment and its immediate premises, the secretariat shall consolidate the TWG Evaluation Report and other requirements and submit the same to the STAR Committee for appropriate action.
If no action has been taken by the STAR Committee on the application within 5 working days, such application is deemed approved.
Section 17. Issuance of Certificate of Accreditation. – The STAR Committee shall issue the Certificate of Accreditation in favor of the applicant within five (5) working days.
Section 18. Validity of Certificate of Accreditation. – The certificate of accreditation shall be valid for a period of one (1) year from the date of issue, unless sooner revoked or cancelled by the STAR Committee.
Section 19. Special Mayor’s Permit Fee. – In lieu of the regular business taxes and permit fees, an annual Special Mayor’s Permit Fee shall be imposed by the City Treasurer on the following:
First Class – Five Hundred Pesos ( Php500.00)
Second Class – Three Hundred Pesos (Php300.00)
Section 20. Renewal of Accreditation. – The accreditation shall be renewed on or before its date of expiration.
Section 21. Documents Required for Application for Renewal of Accreditation. – The application for renewal of accreditation shall be supported by the documents mentioned in Section 11 hereof including copy of Special Mayor’s Permit (previous year.)
Supervision of Accredited Establishments
Section 22. Display of Certificate of Accreditation. The Certificate of accreditation shall be displayed in a conspicuous place of the establishment.
Section 23. Non-Transferability of Certificate of Accreditation. – The accreditation shall be non-transferable.
Section 24. Periodic Inspection. – When necessary or when the public good dictates, the STAR Committee may send an inspection team to the establishment for the purpose of monitoring the compliance of the Ordinance. 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 25. Defects and Deficiency Found during the Inspection. – Where certain defects and deficiencies have been found in the course of the inspection, the STAR Committee shall give direction to the keeper, manager or operator to rectify the defects or deficiencies within a reasonable period of time.
Section 26. Penalty for Failure to Remedy the Defects, and Deficiencies. – If the management fails to remedy the defects or deficiencies, the STAR Committee, may revoke the certificate of accreditation of the establishment.
Section 27. Liability of Keepers/Managers for Acts or Omission of its Employees. – Without prejudice to the provisions of existing laws, keepers/managers and their assistants shall be civilly liable for the acts or omissions of any staff committed against any member or guest. They may, however, be exempted from liability if they could establish that they have exercised the diligence of a good father of the family in the supervision of the erring employee.
Grounds for Cancellation of Accreditation
Section 28. Grounds for cancellation of accreditation. – Any of the following acts or omissions shall be sufficient ground for the cancellation of accreditation:
a. Making any false declaration or statement or making use of any such declaration or statement or any document containing the same or committing fraud or any act of misrepresentation for the purpose of obtaining the grant of accreditation;
b. Failure to maintain the standards and requirements for accreditation as prescribed in these Rules;
c. Violation of or non-compliance with any of the provisions of these Rules, promulgated orders, decisions and circulars issued by the City Government and other concerned government agencies; and
d. Any other act or omission that works against the interest of the tourism industry.
Section 29. Operational Budget. – During its first year of operation, the STAR Committee shall draw its budget from the account of the Office of the City Economic Management & Cooperative Development and, in the succeeding year(s), a separate appropriation account in favor of the office under the Tourism Development Fund shall be included in the annual budget.
Section 30. Separability Clause. – The provisions of these Rules are hereby declared separable, and in the event that anyone or more of such provisions are declared invalid, the validity of all other provisions shall not be affected thereby.
Section 31. Transitory Provision. – The non-refundable application fee of One Hundred Pesos (P100.00) provided in Chapter VII Section 10 is hereby waived during the first year of implementation of this ordinance.
Additional and Specific Requirements for Pawn Brokerage
Section 1. Definition of Terms. – As used in this Ordinance, the following terms shall mean:
- “Pawnshop” shall refer to a person or entity engaged in the business of lending money on personal property delivered as security for loans and shall be synonymous, and may be used interchangeably with pawnbroker or pawn brokerage;
- “Pawner” shall refer to the borrower from a pawnshop;
- “Pawnee” shall refer to the pawnshop or pawnbroker;
- “Pawn” is the personal property delivered by the pawner to the pawnee as security for a loan;
- “Pawn ticket” is the pawnbrokers’ receipt for a pawn. It is neither a security nor a printed evidence of indebtedness;
- “Property” shall include only such personal property as may actually be delivered to the control and possession of the pawnshop, except those items which are prohibited by law or regulations.
Section 2. Requirements for Accepting Property to be Pawned. – The following shall be required in addition to Section 11 of PD 114, before a property can be accepted by the pawnee from the pawner;
- The pawnee shall require an evidence of ownership of the property being offered as a security by the pawner, except in cases of jewelry and other property where there is really no certificate of ownership issued by the establishment where it was bought, an affidavit of ownership shall be required;
- The pawnee shall require a valid identification card with a picture and signature on it from the pawner and shall indicate in the pawn ticket the type of the identification card, the number and the issuing agency or entity;
- The pawnee shall see to it that the person in the identification card is the pawner and that his/her signature as appearing in the said identification card is the same with his/her signature in the pawn ticket;
- The pawnee shall take photograph of the pawner and shall maintain said photograph on file until the property pawned is still in the possession of the pawnee.
Section 3. Penalty Clause. – Any first violation of Section 2 hereof shall be punished by a fine of five thousand pesos (P5,000.00). A repeated violation shall be punished by an imprisonment of not more than six (6) months and revocation of the business/mayor’s permit of the pawnshop.
If the violator is a corporation, partnership or cooperative, the president or manager shall be liable thereof; if the pawnshop/violator is a single proprietorship, the owner or proprietor shall be liable.
Where the violator of this Ordinance does not contest his/her apprehension and elect to pay the fine imposed under the preceding paragraph, the enforcement officer shall forthwith issue citation ticket to the person apprehended without resort to the Court. The citation ticket shall state or contain (a.) the name, signature, age and address of the person apprehended, (b.) the material facts obtaining in the commission or omission of the crime defined and penalized under this Ordinance, (c.) the amount of fine which is payable in favor of the City Government of General Santos, and (d.) notice requiring the person apprehended for extra-judicial settlement of his/her violation by paying the prescribed amount of fine at the Office of the City Treasurer within seventy-two (72) hours from issuance thereof, otherwise, appropriate complaint shall be filed against him/her before the Court of law.
Calibration and Sealing of Dispensing Pumps for Liquid Petroleum Products
Section 1. Title. – This ordinance shall be known as “An Ordinance Prescribing for the Calibration and Sealing of Dispensing Pumps of Liquid Petroleum Products in General Santos City”.
Section 2. Coverage. – This ordinance shall apply to all persons engaged or intending to engage in the business of Retailing Liquid Petroleum Products.
Section 3. Definition of Terms.-
- Bote-bote – shall refer to the manner of Retailing Liquid Petroleum Products in soda bottles, plastic containers, jugs and other similar portable containers not intended or suited for storing, handling and dispensing Liquid Petroleum Products;
- DOST-ITDI – shall refer to the Department of Science and Technology Industrial Technology Development Institute;
- Liquid Petroleum Products – shall refer to Petroleum Products that are flammable liquids such as gasoline, kerosene and diesel and combustible liquid products formed in the course of refining crude petroleum through distillation, cracking, solvent refining and chemical treatment coming out as primary stocks from the refinery and sold through Retail Outlets; provided that Liquid Petroleum Products shall refer to class I flammable liquids with a flash point below thirty seven and eight tenths degrees Celcius (37.8oC), and class II flammable liquids with a flash point at or above thirty seven and eight tenths degrees Celcius (37.8oC) and below sixty degrees Celcius (60oC). Combustible Liquid Petroleum Products have flash points at or above sixty degrees Celcius (60oC);
- Retail Outlet – shall refer to a gasoline station, outlet, facility or business establishment which sells or dispenses Liquid Petroleum Products directly to individual end user/s or to the public;
- Retailing – shall refer to the act of selling and/or dispensing Liquid Petroleum Products directly to individual end user/s or to the public;
- Illegal Trading – the sale or distribution of petroleum and/or petroleum products for profit without license or authority from the Government; non-issuance of receipts by licensed traders, misrepresentation as to quality and/or quantity; and sale by oil companies, distributors, and/or dealers violating government rules and regulations.
Section 4. Calibration and Sealing of Dispensing Pumps. – All dispensing pumps used in Retail Outlets of Liquid Petroleum Products within the City of General Santos must be properly calibrated twice a year and sealed by the Treasurer or his/her authorized representative immediately after calibration.
A dispensing pump that is not calibrated and sealed or goes off-calibration shall be marked with an “OUT OF ORDER” sign and shall not be used until the said pump is calibrated and resealed.
All calibration shall be duly documented and signed by the mechanic performing the calibration and countersigned by the Retail Outlet owner and or/operator of the shift supervisor of the Retail Outlet. A copy of these calibration documents shall be kept on file at the Retail Outlet.
After calibration, a sticker provided by the City Treasurer having a dimension of at least one-half (1/2) inch by two (2) inches and bearing the date of the calibration and the signature of the mechanic who calibrated the pump shall be posted on the face of the pump calibrated.
For independently owned Retail Outlet with its own Liquid Petroleum Product Brand Name, the owner and/or operator of the said Retail Outlet shall be responsible for complying with Section 4.
Failure of the Retail Outlet owner and/or operator to have his/her dispensing pumps calibrated and sealed shall constitute illegal trading.
Section 5. Calibration and Testing of Dispensing Pumps using a Properly Sealed Calibrating Bucket. – Owners and/or operators of Retail Outlets shall maintain in their Retail Outlets a DOST-ITDI Calibrated and Sealed Calibrating Bucket available for use pursuant to Section 4 hereof. The Retail Outlet’s Calibrating Bucket must be calibrated and resealed once every twelve (12) months.
All dispensing pump meters of Retail Outlets shall be tested daily not later than 9:00 AM for accuracy in delivering Liquid Petroleum Products using said calibrating bucket.
All dispensing pump not delivering the correct quantity shall be marked by the owner and/or operator with an “OUT OF ORDER” sign and padlocked and shall not be used until said pump is recalibrated and resealed by the City Treasurer or his/her authorized representative.
The calibrating bucket and a written record or logbook of the daily testing thereof shall be maintained at all times in the Retail Outlet premises, and must be presented to the City Treasurer or his/her authorized representative upon inquiry or monitoring purposes.
Failure to provide the written record or logbook and the properly sealed calibrating bucket shall give rise to the presumption that the dispensing pump is UNDERDELIVERING.
Section 6. Underdelivery in Dispensing Pumps. – The quantity of Liquid Petroleum Products delivered by the dispensing pump meter shall not be less than the actual quantity by more than fifty (50) millimeters for every ten (10) liters as measured by a calibrating bucket certified and sealed by the DOST-ITDI.
The calibrating bucket shall be filled to the ten (10) liter mark three (3) times at low, medium and fast flow rates and the average quantity as measured with the actual quantity of ten (10) liters. Dispensing pumps delivering less than the tolerable minimum quantity shall be deemed to be UNDERDELIVERING. The absence of an “OUT OF ORDER” sign or padlock locking the dispensing pump shall be deemed an actual use of the pump for the conduct of retailing. A dispensing pump found with a broken or no seal shall constitute a prima facie evidence of UNDERDELIVERING.
Section 7. Penalty/Sanction Against ILLEGAL TRADING or UNDERDELIVERING. – Any person engaged in the business of Retailing Liquid Petroleum Products who commits Illegal Trading and/or Underdelivering shall be subject to the following penalties:
- FIRST OFFENSE – fine of Five Thousand Pesos (P5,000.00)
- SECOND OFFENSE & SUCCEEDING OFFENSES – fine of Five Thousand Pesos (P5,000.00) and revocation of permit to operate business and permanent closure of business.
Section 8. Imposition of Fees. – The following are hereby levied for the registration, sealing and calibrating of every dispensing pump:
Registration – P75.00/nozzle
Sealing and Tagging – P40.00/nozzle
Sticker – P50.00/pump
Testing Fee (set of slow, medium and fast) – P50.00/nozzle/test
Section 9. Time and Place of Payment. – Payment of the above fees shall be made upon calibration at the place where the pumps are located, and every year thereafter when the pumps are re-calibrated on or before anniversary date.
Section 10. Surcharge of Late Payment. – Failure to have the pumps tested and calibrated and the corresponding fees paid within the prescribed period shall subject the owner/operator to a surcharge of 100% of the prescribed rate.
Section 11. The Local Chief Executive shall issue an implementing rules and regulations for the effective implementation of this Ordinance.