Kung wala kini nga ordinansa sa Night Market, dili mahimugso ug mamahimong operational ang Iligan Night Market and Cafe. Ang role sa Executive Department is to implement the ordinance. The idea of the Night Market came from Freddie Siao, mao nga dayag nga tawagon nato si Freddie Siao nga Amahan sa Gagmayng Negosyo sa Night Market.
CITY ORDINANCE NO. 11-5693
FREDERICK W. SIAO, Main Author
AN ORDINANCE PROVIDING THE POLICIES AND GUIDELINES IN THE ESTABLISHMENT AND REGULATION OF THE WEEKEND NIGHT MARKET AND CAFÉ IN THE CITY OF ILIGAN.
Be it ordained by the Panlungsod of Iligan, in its session assembled that:
SECTION 1. Title – This Ordinance establishing and regulating a Night Market in the City of Iligan shall be called “The Weekend Night Market and Café Ordinance of Iligan City.”
SECTION 2. Definition of Terms – As used in this ordinance, the following terms shall be construed, understood, and shall mean as follows:
Collector – is the revenue collection clerk who is properly bonded representing the City Treasurer’s Office assigned at the Economic Enterprises Development and Management Office (EEDMO) to collect the fees or charges and issue the corresponding receipt/cash tickets.
Customer – Any person buying goods displayed or patronizing the services of the occupants in the night market.
Designated Weekend Night Market and Café Locations –officially declared locations which could be government lands, portions of roads or streets legally and temporarily closed to vehicular traffic to accommodate the night market project of the Iligan City Government. Location can be expanded, relocated or transferred by the local government as the need arises.
Market – A private or public place, building or structure operated to serve the general public where basic commodities are displayed, offered for sale, and for profit.
Weekend Night Market and Café – A government regulated market conducted at specific time and duration of the night located in government property, portions of designated places or streets in the City of Iligan, legally and temporarily close to vehicular traffic to accommodate people indulged in the business of selling goods or offer services to the public for profit, located outside the city public market.
Weekend Night Market and Café Supervisor – A personnel assigned by EEDMO who shall implement the distribution or awarding of the space to the occupant, insure that fees are collected, sanitation, security, peace and order are maintained, opening and closing time of the night market are observed as well as other related matters. Distribution and awarding of spaces to occupants shall be approved by the Committee on Weekend Night Market and Café.
Occupants/Stallholders – Refers to interested person or persons allowed to display and sell goods or offer services after an application has been approved and a definite space has been assigned on a temporary basis and has paid the nightly fee.
Security Officer – a member of the Civil Security Unit, assigned to maintain peace and order in the market area in coordination with the Philippine National Police or PNP.
SECTION 3. Location Of The Weekend Night Market and Café – The Iligan City Weekend Night Market and Café shall be located at the Iligan City Freedom Park (Rizal Park), at the following streets (pending identification of a better place for a Night Market):
- Del Pilar Street from the junction of Mariano Badelles Sr., Street to Benito Labao Street;
- Aguinaldo Street from the junction of Benito Labao Street to Mariano Badelles Sr., Street,
- Mabini Street from the junction of Aguinaldo Street to San Miguel Street and
- Mabini Street from the junction of Del Pilar Street to Quezon Avenue.
The City Government can declare any location which could be government lands, portions of roads or streets legally and temporarily closed to vehicular traffic to accommodate additional night markets, if the need arises.
SECTION 4. Creation of the Weekend Night Market and Café Board– There shall be created a Weekend Night Market and Café Board, to be composed of the following:
- Chairman, ex officio Iligan City Mayor
- Chairman and Executive Officer Chairman, Committee on Trade, Commerce and Industry, Sangguniang Panlungsod.
- Operations Manager Head, EEDMO
- Secretariat EEDMO, Personnel
- Members: Chairman, Committee on Ways and Means and Government Assets
- Chairman, Committee on Drug Abuse, Moral Recovery and Family
- Provincial Director, Department of Trade and Industry
- Iligan City Police City Director
- Head, City Health Office
- Head, City Planning and Development Office
- Head, City Engineer
- Head, City Treasurer’s Office
- Head, City Tourism Office
- Head, City Treasurer’s Office
- Head, Permits and Licenses Division
- Head PSD, CAD
- Head City Traffic Division
- Representative, City Legal Office
- Representative, CDLO
SECTION 5. Functions of the Weekend Night Market and Café Board – The Weekend Night Market and Café Task Board shall exercise any and all of the following powers and functions:
- Develop plans and strategies on Weekend Night Market and Café and implement the same;
- To look for a suitable site for the establishment of a Weekend Night Market and Café, if any;
- See to it that the flow of traffic in the surrounding streets would not be hindered, especially during the duration of the Weekend Night Market and Café.
- See to it that the cleanliness, sanitation and collection of garbage within the premises of the Weekend Night Market and Café and surrounding areas are properly maintained and observed.
- Construct and install the necessary infrastructure like lights and water connections, etc.
- Consult and coordinate with market associations, groups or cooperatives having stake in the Weekend Night Market and Café;
- Undertake the monitoring and compliance by stall owners in the Weekend Night Market and Café;
- Regularly submit report to the City Mayor and the Sangguniang Panlungsod on the status of the Weekend Night Market and Café and other pertinent information together with recommendations;
- Perform such other functions necessary to make the Weekend Night Market and Café viable, peaceful and lively.
SECTION 6. Temporary Closure Of Roads – The abovementioned streets are hereby temporarily closed from vehicular traffic from 5:00 P.M. to 3:00 A.M., during Fridays and Saturdays to accommodate the display of goods, merchandise, foodstuffs, commodities, or articles of commerce that may be sold and dispensed to the general public.
SECTION 7. Installation Of Structures – Occupants must occupy and install their structures, paraphernalia in the designated area and should not start earlier than 5:00 P.M.
SECTION 8. Kind of Materials – Only light structures and materials which could be easily folded, lifted and removed should be installed since the stay of the occupants is limited and temporary. The city government if deemed necessary shall provide the design of the collapsible structure and shall regulate the same to observe safety and aesthetics.
SECTION 9. Removal – All structures, materials, paraphernalia and goods displayed must be removed and cleared completely not later than 3:00 A. M. the next day.
SECTION 10. Display Of Goods No structures, paraphernalia, and goods of any part shall be displayed before opening time, which is before 5:00 P. M.
SECTION 11. No structures, paraphernalia and goods of any part shall be left within the allowed market site and/or along any streets, road-right-of-ways and in any government sites.
SECTION 12. Designated Opening Time –Weekend Night Market and Café opening shall start at 5:00 o’clock in the afternoon.
SECTION 13. Designated Closing Time – Designated closing time shall be at exactly 3:00 o’clock in the following morning.
SECTION 14. Duration of the Night Weekend Market and Cafe – The Weekend Night Market and Cafe shall be for a duration of ten (10) hours.
SECTION 15. Application for a Weekend Night Market and Cafe Space – An applicant applying for a space at the Weekend Night Market and Café shall secure and file his/her application at the Office of the Economic Enterprises, for approval by the Weekend Night Market Committee.
SECTION 16. All applicants with stalls application approved by the Weekend Night Market and Cafe Committee shall secure a Special Permit from the Permits and Licenses Division.
SECTION 17. Applicants with approved Weekend Night Market and Café Permits shall get a location assignment from the Weekend Night Market and Café Supervisor, reporting to the Weekend Night Market and Café Committee.
SECTION 18. Documents – The following documents shall be submitted by the applicant:
- Community Tax
- Health Clearance for the owners and staff, especially for food handlers
- Barangay Clearance from the barangay where the Weekend Night Market and Café is located
- Police Clearance
- Voter’s Affidavit (photocopy duly certified by the COMELEC)
- Certificate of Participation – Orientation Seminar on Sanitation, Customers’ Handling and Guidelines
- DTI Business Name Registration
SECTION 19. Grounds for Revocations of Weekend Night Market and Café Special Permit – The following are grounds for revocation of Weekend Night Market and Café Special Permit:
- Offering of liquor to minors
- Violations of sanitary laws and ordinances
- Operating without permit
- Unlighted stalls
- Incomplete documents
- All other violations stipulated in the Lease of Contract
SECTION 20. Sanitation
- Before operating, Special Permit holders and their workers in the Weekend Night Market and Café are hereby required to secure a Sanitary permit and health certificate from the City Health Office
- Every stall holder shall be responsible in cleaning their respective areas before leaving;
- All food handlers in the food area shall wear personal protective equipment or gears such as aprons, hairnet, plastic gloves, etc.
- The food handlers and owners of food stalls or space shall wear their Health Certificate Identification Card issued by the City Health Office, together with their Identification Cards issued by EEDMO;
- Every stall owner shall provide their own container with cover for leak of their foods to be disposed in their homes or proper disposal area. Said containers shall be properly labeled for proper segregation and for convenient collection by garbage collectors.
- Every stall owners shall use disposable utensils and or sanitize utensils, especially spoons, fork, glasses and plates;
- Every stall holder shall be responsible in cleaning their respective areas before leaving;
SECTION 21. Goods And Services Not Allowed In The Weekend Night Market – The following are not allowed in the Weekend Night Market:
- heavy and bulky hardware like lumber;
- pungent and odorous goods;
- pirated products.
SECTION 22. Peace and Order – While it is understood that occupants are to avoid unruly behavior, however, the City Government shall assign Civil Security Officer to the Weekend Night Market and Café area to maintain peace and order. A PNP contingent should be assigned in the area, at all times.
SECTION 23. Emergency Cases – In case of emergency or fire conflagration near the vicinity of the night market area, occupants must be alert and shall speedily evacuate their structures and valuables to clear the road for the passage of the fire fighting units and firemen. It shall be the duty of the night market supervisors to inform the occupants of such precautions.
SECTION 24. Fees and Charges – There shall be imposed a minimal amount of P15.00 per square meter occupied by a stall. Any fraction thereof shall be charged the same amount.
SECTION 25. Payments must be issued with corresponding accountable official receipts.
SECTION 26. Limit of Area To Be Occupied – Stall size shall be subdivided with a measurement of one 3 meter frontage by 3 meters depth for dry goods and 3 meter frontage by 2 meters depth for foods. Permit holders shall only occupy the area granted.
SECTION 27. Lighting Facilities – All electrical lines shall be shouldered by the City Government provided it shall conform to the National Building Code, Philippine Electrical Code, and other applicable laws.
SECTION 28. Payment of Electricity Consumed – Payments of electricity consumed through the use of lighting fixtures, electrical and electronic appliances of the stalls occupied by the vendors in the Weekend Night Market and Café shall be the sole responsibility of the individual space occupant. The billing shall be based according to the latest computation of the EEDMO, and depending on the movement of the electricity rates charged by ILPI, is subject to change from time to time.
SECTION 29. Sections In The Weekend Night Market and Café – For the purpose of order and aesthetics, the night market shall be arranged in section as follows:
- a.1. Clothes and Clothings
- a.2 Footwares
- a.3 Kitchenwares
- a.4 Groceries
- a.5 General Merchandise
Food and Drinks
- b.1. Turo-turo Food
- b.2. Barbecue Stands
- b.3. Softdrinks
- b.4. No hard liquor except beverages
- b.5. Breads, Biscuits and Homemade Food Products
- b.6 Balut
Cafeteria and Carenderia
Gift Item Sections
- Plant and Flowers
- Iligan-made Products
SECTION 30. Wearing Of Identification Cards – Owners / Occupants, salesboys/salesgirls, helpers, food handlers and others hired or working with the occupants, must wear an identification cards issued by EEDMO and the City Health Office. Owners/occupants shall pay at cost per ID issued.
The size of identification card shall be 4×5 inches with the necessary data including picture and name of the bearer clearly legible.
SECTION 31. Use of City Public Plaza as Freedom Park Suspended during Friday and Saturday Nights – The use of the Iligan City Public Plaza by any group or person as Freedom Park for assembly and freedom of expression purposes, as contained under City Ordinance No. 06-4950, is SUSPENDED as the same is hereby SUSPENDED every Friday and Saturday nights to prioritize the use of the same by the vendors and customers of the Weekend Night Market and Café.
SECTION 32. Penal Clause – Violation of this ordinance shall be imposed with the following penalty/ies:
a) Occupants operating without an approved application shall be imposed a fine of P1,000 and removal of their structure.
b) Non-payment of fees shall subject the occupants to closure of the operation until such time that payment due is fully paid.
c) Non-operation of the occupant for three (3) consecutive nights shall be ground for the revocation of occupant’s Night Market Permit.
d) Violation of Sanitary Laws:
First Offense : Warning from the apprehending Officer
Second Offense : Fine of P 250-300
Third Offense : Fine of P500-1,000
Succeeding Offenses: Closure of Operation
e) A fine of P50.00 per day individually shall be imposed for non-wearing of ID. The stall owner/occupant shall shoulder the fine in behalf of their non-complying workers.
SECTION 33. Repealing Clause. All previous ordinances, executive orders, rules and regulations or parts thereof which are inconsistent with this ordinance are hereby repealed and modified accordingly.
SECTION 34. Separability Clause. If, for any reason or reasons, any part or provision of this ordinance shall be held unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and in effect.
SECTION 35. Effectivity. – This Ordinance shall take effect ten days (10) after the publication of a local newspaper, as set forth by law.