ORDINANCE NO. 2009-065 

AN ORDINANCE AMENDING ARTICLE III OF ORDINANCE NO. 2004-123, AS AMENDED, OTHERWISE KNOWN AS “AN ORDINANCE CODIFYING AND REVISING THE VARIOUS REVENUE ORDINANCES OF THE CITY OF NAGA, AND FOR OTHER PURPOSES”, BY ADDING A NEW SECTION THEREOF TO BE KNOWN AS SECTION 86(A):-

Author: Hon. Salvador M. del Castillo

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

SECTION 1. Article III of Ordinance No. 2004-123 is hereby amended, by adding a new section thereof:

“SECTION 86 (a). ADMINISTRATIVE PROVISIONS: – a) Any person who shall establish, operate or conduct any business within the City of Naga, shall first secure a Mayor’s Permit to engage in business. For existing business establishments, they must secure such permit not later than January 31 each year. For newly established business, they shall secure a Mayor’s Permit prior to its actual operation. Failure to secure the permit within the prescribed period, a penalty of Five Hundred (P500.00) Pesos shall be imposed.

b) Any person, whether natural or juridical, desiring to engage in business, trade or any business activity within the city, shall first submit an application to engage in business through the Business Permits and Licensing Division of the City Treasurer’s Office, attaching therewith the necessary requirements and pay all taxes, fees and charges due thereon, before the permit is issued.

c) Every permit issued must show the Business ID Number, Name of the Applicant, Trade Name, Nature of Business, Address, Permit Number, O.R. Number, amount paid, date of issue and the period of its validity.

d) MANDATORY REQUIREMENT. The ORGINAL COPY OF THE MAYOR’S PERMIT issued shall, at all times be posted or displayed in a conspicuous place in the establishment, together with the business plate issued.

If the owner/operator have no fixed place of business or office, they shall keep the Mayor’s Permit or copy thereof in their person.

Failure to do so will subject the said owner/operator to be fined as follows:

1. FIRST OFFENSE – Fine of P1,000.00

2. SECOND OFFENSE – Fine of P2,000.00

3. THIRD OFFENSE – Fine of P3,000.00 and/or Suspension to operate for a Period of fifteen days.

4. FOURTH OFFENSE – Fine of P5,000.00 and revocation of Business Permit.

e) The Mayor’s Permit shall be valid for a period not exceeding One (1) year, and shall expire on the 31st day of December of each year, unless sooner revoked, cancelled or voluntarily surrendered. Temporary permit may be issued to an establishment who have submitted incomplete requirements as provided under par. F below, and shall be valid for a period of not more than six (6) months from date of issue, but in no case shall extend beyond December 31 of each year.

f) Requirements for issuance of Mayor’s Permit.

1. Certificate of Registration (SEC for corp. or partnership, DTI for sole proprietorship and CDA for cooperatives).

2. Clearances/permits/certification:

3. a. Barangay Business Clearance

4. b. Zoning Clearance (new applicants)

5. c. Building Inspection Certificate (new applicants)

6. d. Fire Safety Inspection Certificate (new applicants)

7. e. Sanitary Permit

8. f. Sss clearance; and

9. g. BIR Clearance

10. Other requirements depending upon the nature of business.

g) The grant of Mayor’s Permit may be refused on the ground that the person applying for, has violated or continuously violating an ordinance or regulation relating to such permit.

h) Revocation of Permit Upon proper and written notice, the City Mayor may revoke the permit issued and order the closure of the subject business establishment based on the following grounds:

1. Violations of the conditions set forth in the application to engage in business;

2. Abuse of the privilege to do business by pursuing an activity which are against public morals and/or a threat to the peace and order situation of the community;

3. When the place of business becomes a nuisance, or is allowed to be used illegally, or by criminals, or persons of ill repute.

i) Re-issuance/replacement of lost or destroyed Mayor’s Permit of any registered business in the City of Naga shall be governed by the provisions of Ordinance No. 2004-038.

SECTION 3. This ordinance shall take effect upon its approval and publication in three (3) separate newspapers of local circulation.

Adopted: August 25, 2009.

WE HEREBY CERTIFY to the correctness of the foregoing ordinance.

GABRIEL H. BORDADO, JR.

City Vice Mayor & Presiding Officer

GIL A. DE LA TORRE

Secretary to the Sangguniang Panlungsod

APPROVED:

JESSE M. ROBREDO

City Mayor