ORDINANCE NO. 89-095

AN ORDINANCE PRESCRIBING GUIDELINES FOR THE ESTABLISHMENT, OPERATION AND MAINTENANCE OF NIGHT CLUBS, CABARETS, BARS, DISCOS AND OTHER ESTABLISHMENTS OF SIMILAR NATURE IN THE CITY OF NAGA:”

Author: Hon. Romeo S. Tayo

Be it ordained by the Sangguniang Panlungsod of the City of Naga, that:

SECTION 1. – TITLE OF THE ORDINANCE. – This Ordinance shall be known as “The Ordinance Governing, Regulating and prescribing Guidelines for the Establishment, Operation and Maintenance of Night Clubs, cabarets, Bars, Discos and other establishments of similar nature in the City of naga” and for other purposes;

SECTION 2. – SCOPE OF THE ORDINANCE. – The provisions of this Ordinance shall govern, control, regulate and supervise the establishment, operation and maintenance of night clubs, cabarets, bars, discos and other establishments of similar nature in the City of Naga;

SECTION 3. – DEFINITION. – When used in this ordinance;

a. NIGHT CLUB shall refer to establishments where meals and drinks are served and amplified recorded or live band music is played for dancing by patrons either with their own partners or with hostesses furnished by the management, and provide entertainment by featuring live shows by professional dancers;

b. CABARET shall refer to establishments that provide entertainment while the guests are eating or drinking either by live band music or floor show by professional dancers;

c. BAR AND BEERHOUSE shall refer to any place or establishment containing a counter at which drinks, usually alcoholic or fermented liquors or malt, including meals are served, with or without amplified recorded or live music.

d. FOLK OR PUB HOUSES featuring professional folk or country and popular singers are classified under this definition;

e. DISCO OR DISCOTHEQUE shall refer to any establishment that serve meals or drinks and where amplified recorded or live band music is played for dancing by the patrons, either alone or with partners;

f. PROFESSIONAL DANCER includes any person who dances or move rhythmically to music using prescribed or improvised steps and gestures for a fee, compensation or remuneration paid either directly or indirectly by the operator or by any person with whom she dances with or entertains with dance at a Night Club or cabaret;

g. HOSTESS includes any women whose occupation is to act as host or to entertain customers at tables or to dance with them for a fee, compensation or remuneration paid either directly by the operator or by the person she entertains or dances with at any of the establishments herein defined. A “waitress” who shall sit at tables to entertain customers, guests or patrons or dance with them is classified under this definition;

h. OPERATOR includes the owner or proprietor, the manager, administrator or any person who runs the affairs, manages and is responsible for the operation or management of any of the establishments herein defined;

For purposes of this section, any cabaret, Bar and Beerhouse or disco that employs, maintains, tolerates or allow a hostess to entertain customers, guests or patrons at tables or dance with them shall be classified as a Night club’.

SECTION 4. – LOCATION. – No night club and cabaret shall be established and maintained within a distance of Two Hundred lineal (200) meters from any public office, church, hospital, public or private school, or houses of charity. Night Clubs and Cabarets already existing prior to the enactment of this ordinance are hereby given a period of one (1) year from affectivity hereof within which to comply with the provisions of this section;

SECTION 5. – BUILDING REQUIREMENTS. – The establishment, operation and maintenance of the night club, Cabaret, Bar or Disco shall be conducted in a building or within premises suitable for the purposes and provided with the following facilities and minimum requirements:

a. Adequate spaces and lighting, properly ventilated and shall be maintained under sanitary conditions at all times;

b. Adequate parking spaces for vehicles;

c. Dressing room for ladies when applicable, and a safe and clean kitchen;

d. Separate periodically sanitized lavatories, one for males and another for females;

e. Adequate sound proof facility;

f. The buildings or premises shall be properly enclosed or fenced provided with a single entry and exit, and shall a have no direct or indirect communication whatsoever with any dwelling place, house or building except the said single entry and exit; and

g. The building or premises shall be certified as safe and suited for the purpose by the City engineer and that the requirements herein prescribed have all been complied with.

SECTION 6. – RESTRICTION TO PERSONS. –

a.) Minors below eighteen years of age, persons

SECTION 2. – The old trimobile fare rates of P1.50 for regular passenger for first (2) kilometers plus additional P0.40 for every kilometer in excess, and the P1.25 for Senior Citizens, students and disabled shall remain to be binding and enforced.

SECTION 2. This ordinance shall take effect upon its approval.

ENACTED: February 8, 1994.

WE HEREBY CERTIFY to the correctness of the foregoing ordinance.

LOURDES V. ASENCE, M.D.

City Vice-Mayor & Presiding Officer

J ANTONIO A. AMPARADO

Secretary to the Sangguniang Panlungsod

APPROVED:

JESSE M. ROBREDO

City Mayor