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AN ORDINANCE REGULATING THE ESTABLISHMENT, CLASSIFICATION,ADMINISTRATION AND OPERATION OF GOVERNMET

OWNED/OPERATED PUBLIC MARKETS IN THE LOCAL GOVERNMENT OFSAN PABLO CITY OTHERWISE KNOWN AS THE 2014 COMPREHENSIVE

MARKET CODE OF THE CITY OF SAN PABLO.

WHEREAS, it is the declared policy of the Local Government of San Pablo City tomake public markets more responsive and effective instruments of public service, as wellas dynamic and viable enterprises to strengthen its economic potentials, with the ultimategoal of contributing significantly to both local and national development;

WHEREAS, the Local Government of San Pablo City must always provide within itsterritorial jurisdiction diverse business opportunities to all classes of legitimate business“climate” and spur the economy of San Pablo City to promote and enhance the economic,social and spiritual well-being of its constituents;

WHEREAS, there is an urgent and great need to update and collate existing taxordinances, and other ordinances, rules and regulations governing or pertaining to theoperation of government-owned, controlled, or operated public markets in San Pablo City;

WHEREAS, there are ongoing and future development projects for the improvementand expansion of existing city-owned, controlled or operated public markets designed topromote and improve the capabilities of the Local Government to deliver desired publicservices and to ensure the safety, comfort and well-being of vendors and the buyingpublic as well;

WHEREAS, the attainment of the above mentioned goals and objectives can only beachieved if the administration of city public markets are improved or streamlined, and theincome from the operation thereof are made more realistic and reasonable in the light ofprevailing conditions and circumstances;

NOW, THEREFORE, be it ordained by the Sanggunian Panglunsod of San Pablo City,in session duly assembled that:

CHAPTER IGENERAL PROVISIONS

SECTION 1 TITLE. This Ordinance shall be known as the “THE 2014COMPREHENSIVE MARKET CODE OF THE CITY OF SAN PABLO ”.

SECTION 2 COVERAGE. This Ordinance shall govern the establishment, supervision,administration and operation of government-owned and/or operated public market in SanPablo City and the imposition and collection of reasonable market rentals, fees andcharges for occupancy or use thereof.

SECTION 3 AUTHORITY TO ESTABLISH PUBLIC MARKETS. The CityGovernment of San Pablo , pursuant to existing laws and legal procedures shall have thesole authority to establish, maintain and operate public markets within its territorialjurisdiction.

SECTION 4 DEFINITION OF TERMS: As used in this Ordinance the followingterms shall mean as follows:

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A. AMBULANT VENDOR – refers to a person or seller who regularly occupies adefinite space in the market premises/vicinity to sell his/her goods orcommodities.

B. “BAGSAKAN” – refers to the area where wholesale goods/commodities,mostly agricultural, are delivered in bulk and which functions as a transactionarea for producers, wholesalers and retailers.

C. “BULANTE” – refers to the area within the market vicinity whereambulant/transient vendors are allowed temporarily for the retail sales ofgoods/commodities.

D. GOVERNMENT OWNED AND/OR OPERATED PUBLIC MARKETS –refer to those establishments constructed out of public funds or thoseleased/acquired by any legal mode or means from persons, natural or juridical,operated by the government through its instrumentality, branch or politicalsubdivision.

E. LOCAL MARKET AUTHORITIES – refer to the Local GovernmentOfficials in charge with the management of the public market and/or specificaspects of such operation.

F. MARKET PLAZA – refers to the part of A.Regidor Street and its sidewalks infront of the center lobby of the SPCSMPM.

G. MARKET RENTAL FEE – refers to the fee or charge paid to and collected bythe Local Government from market vendors or stallholders for the privilege ofusing market spaces or facilities.

H. MARKET SECTION – refers to the classification of a group of continuousstalls in the market according to the merchandise offered for sale, to wit:

1. Dried Fish Section – refers to the area where all dried marineproducts and smoked fish shall be sold.

2. Dry Goods Section – refers to the area where only all kinds oftextiles, ready-made dresses and apparels, native products, toiletries,novelties, foot wears, laces, kitchen wares, utensils and otherhouseholds articles, handbags, school and office supplies and thelikes are sold.

3. Eatery and Cooked Food Section – refers to the area where allkinds of cooked/ prepared foods and beverages, except liquor, aresold. This includes refreshment parlors, cafeterias, carinderias,canteens and those selling delicacies.

4. Fish section – refers to the area where only fresh fish, clams,oysters, lobsters, shrimps, seaweeds, and other seafood and marineproducts are sold.

5. Fruit Section – refers to the area where fresh fruits, local orimported, are sold.

6. Groceries and Sari-sari Store Section- refers to the area whereonly all kinds of cakes, biscuits, pastries, crackers, butter, cheese,confections, candies, pouched, canned or bottled foods or beverages,soft drinks, cigarettes, flour, oatmeal, ham, bacon, sugar, nuts, sauce,onions, garlic, corn, eggs, starch, salt, feeds, soap and otherhousehold products including charcoal are sold.

7. Meat Section – refers to the area where only all kinds of meat suchas beef, pork, dressed chicken and the likes are sold, provided theyare separately displayed and properly labeled.

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8. Rice and Corn Section – refers to the area where only rice and cornand other grains or cereals are sold.

9. Vegetable Section – refers to the area where fresh vegetables, rootcrops and herbs are sold.

10. Miscellaneous Section – refers to the area where any other businessnot classified herein above shall be allowed such as Dental Clinic,Computer Shops, Parlor, Pottery, Veterinary products, Drugs store,etc.

I. MARKET STALL – refers to any space, booth, table, or any structure whereingoods/commodities/merchandise and/or services are sold or offered for sale.

Kinds of Market Stalla. Fixed or Permanent Stalls – are those allocated stalls, duly recognized

in accordance with the Market Stall Plan and identified through theirrespective designated stall number and map location.

b. Semi-Fixed or Temporary Stalls – are those stalls which are seeminglypermanent in nature but not recognized as fixed or permanent stalls.Said stalls are located in the meat section and its adjacent spaces and atthe side-walk of the SPCSMPM along Regidor St. i.e. Fruit Section

c. Ambulant Stalls – are those stalls in the market premises/vicinity notrecognized as either fixed or temporary stalls and permitted or allowedon a temporary basis only. Included among others are the steel stalls atthe service road and the stalls at the lobby of the public market.

d. Salesbooth – are those stalls at the lobby or aisle of the second floor ofthe SPCSMPM which are allowed temporarily using moveable booths ordisplay cases/racks not exceeding an area of two and one-half (2 ½)square meters (2.5m x 1m) with a maximum height of five (5) feet.

J. MARKET VICINITY – refers not only to the market premises but also thestreets and sidewalks adjacent to the public market, i.e. part of A. Regidor andA Flores Streets, P. Paterno and San Pedro Streets and Lopez Jaena Extensionand the “Bagsakan”.

K. MARKET ZONE – refers not only to the present site of the SPCSMPM andits phase II, but also the vicinity around it where business and commercialtransactions are being conducted or any open space usually occupied byambulant vendors especially during market days. Market Zone shall have thefollowing boundaries:

1. On the East, the stretch of M.Paulino Street from Liceo de SanPablo down the stretch of M. Leonor Street up to MaharlikaHighway;

2. On the North, from corner of Rizal Avenue and P. AlcantaraStreets (UCPB) up to M. Paulino Street (Liceo de San Pablo);

3. On the West, the stretch of P. Alcantara Street up to the vacantspace beside the Philippine National Railways (PNR) Station;

4. On the South, from corner of Marharlika Highway and M.Leonor Street to corner of Maharlika Highway and Eseo Streetup to the vacant space beside PNR Station.

L. OCCUPANCY FEE – refers to the fee or charged paid to and collected by theLocal Government from a stall awardee prior to actual stall occupancy.

M. PEDDLER/HAWKER - refers to a vendor or seller who comes daily oroccasionally and does not occupy a definite place of the market vicinity butmoves from one place to another to sell his/her goods or commodities orfoodstuffs.

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N. PUBLIC MARKET – refers to any place, building or structure of any kindowned and operated by the Local Government of San Pablo City, anddesignated as such by the Sangguniang Panglunsod where basic food items andother commodities are displayed and offered for sale. Public market alsoincludes market stalls, “tiendas”, buildings, roads, drainage, parking spaces andother appurtenances which are integral parts thereof.

O. STALLHOLDER – refers to the awardee or grantee of a fixed stall/salesboothfrom whom the market monthly rental fee is collected for the purpose of sellinggoods/commodities/merchandises or services to the public.

P. SUPPORT FACILITIES – refer to service areas directly supportive of marketoperations including the “bagsakan”, central collection station for wastes,toilets, parking areas and the like.

Q. TRANSFER FEE – refers to the fee or charged paid to and collected by theLocal Government from a transferor.

R. TRANSFEREE – refers to a person who acquires the privilege over a fixedstall/salesbooth from an awardee of such.

S. TRANSFEROR – refers to an awardee of a fixed stall or salesbooth whorelinquishes his privilege over such to another person.

T. TRANSIENT VENDOR – refers to a vendor or seller who comes occasionallyto sell his/her goods/commodities occupying a definite space at the ambulantsection/area.

U. VENDOR – refers to a person who sells goods/commodities or foodstuffwithin the market zone.

SECTION 5 BUILDING NAME AND LOCATION. It shall be named as the SanPablo City Shopping Mall and Public Market, SPCSMPM for short, on the site actuallyoccupied and bounded on the North by Regidor Street; on the West by the railroadproperty; on the South by P. Paterno Street; on the East by A. Flores Street (Section 15pars. N. y, dd, kk, nn of the Commonwealth Act. No. 520). The SPCSMPM is herebyrecognized as the Sole Market in the City of San Pablo.

SECTION 6 BUILDING COMPOSITION. The structure on this site shall compose ofthe San Pablo City Shopping Mall and Public Market. This will comprise of thefollowing buildings;

A. The Main Mall building is the four storey structure with the basement asparking space, the first floor as Public Market including the wet market atP. Paterno Street, the second and third floor as shopping mall, and thefourth floor as a multi-purpose hall.

B. The SPCSMPM Phase 2, is the two-storey structure beside the Main Mallwith entrance at A. Regidor Street and P. Paterno Street and shall be a partof SPCSMPM.

SECTION 7 MARKET SECTIONS. The San Pablo City Public Market shall bedivided in various sections as defined under Section 4 of this Chapter to facilitate theefficient administration thereof. Attached herewith is the Sectioning Map of the PublicMarket.

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SECTION 8 NUMBER OF MARKETS. The Sangguniang Panlungsod shall determinethe number of markets and market zone to be established in the City of San Pablo, takinginto consideration the needs of both consumers and traders in the area and the economicviability of such public markets.

SECTION 9 LIMITATIONS ON TRANSFER OF MARKET SITE. Transfer ofmarket site shall be made if the conditions so warrants and such relocation is more suitedto current needs and future development and progress; provided, that the construction ofthe new public market shall be made in accordance with existing laws, ordinances, rulesand regulations.

CHAPTER IISUPERVISION, CONTROL ANDMARKET COMPOSITION

SECTION 10 LOCAL CHIEF EXECUTIVE. The City Mayor shall exercise generalcontrol, supervision and administration over government-owned/operated public market/sand the personnel thereof.

SECTION 11 MARKET ENTERPRISE. An office shall be created, to be named asMARKET ENTERPRISE, which shall be under the control and supervision of the CityMayor and shall govern, manage, operate and maintain the San Pablo City Shopping Malland Public Market and other Public Market/s that may be established.

The Market Enterprise shall be composed of the following personnel:1. Market Supervisor IV (Market Superintendent)2. Market Supervisor III/ Market Specialist III (Assistant Market

Superintendent)3. Market Inspectors4. Market Collectors5. Maintenance Personnel6. Peace and Order Personnel7. Consumer Welfare Personnel8. Office Staff

SECTION 12 MARKET SUPERVISOR IV (Market Superintendent). The MarketSupervisor IV, to be also known as Market Superintendent, shall be under the directsupervision and control of the City Mayor and shall head the Market Enterprise with thefollowing powers, duties and responsibilities:

A. Assist the City Mayor and the Market Management Committee in theformulation plans, programs, relative to the target collection and theoperation of the SPCSMPM.

B. Exercise administrative authority in the monitoring, implementation andenforcements of laws, ordinances, and regulations dealing with andpertaining to SPCSMPM which includes sanitation, cleanliness, securityand order.

C. Supervise, administer and evaluate market properties, facilities andsupplies as to their acquisition, utilization, maintenance, lost anddisposals.

D. Exercise full control and supervision of SPCSMPM and on theadministrative direction and performance evaluation of all MarketEnterprise personnel, and investigate complaints involving their publicperformance and attitude.

E. Ensure efficient, prompt and proper collection of all forms of market fee.

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F. Adapt proper checks and balances in all aspects pertaining to marketrevenue collection to ensure transparency.

G. Submit periodic collection report to the City Mayor and City Treasurer toinclude Comparative Statements of Collections of market revenues andstatistical data on prevailing prices of goods in the market.

H. Recommend such measures as may be necessary in theimprovement/development of the market.

I. Perform such other duties as may be required by the City Mayor in themanagement and operation of the public market.

SECTION 13 MARKET SUPERVISOR III/MARKET SPECIALIST III (AssistantMarket Superintendent). The Market Specialist III and the Market Supevisor III shallbe the two Assistant Market Superintendents. They shall assist the MarketSuperintendent in the management and supervision of the Market Enterprise and shallperform other assigned tasks in relation thereto by the former. In the absence of theMarket Superintendent, the Market Specialist III shall assume the duties andresponsibilities of the Market Superintendent. In the absence, however, of both theMarket Superintendent and the Market Specialist III, the duties and responsibilities of theMarket Superintendent shall be assumed by the Market Supervisor III.

SECTION 14 MARKET INSPECTORS.There shall be four (4) Market Inspectors who shall have the following functions:

A. Assists the Market Supervisors in the checking/verifying the daily cashtickets/official receipts issued to ambulant/transient vendors;

B. Inspect the sanitary conditions and upkeep of the Public Market todetermine whether all pertinent sanitary rules and regulations are beingfollowed. Findings shall be reported in the writing to the MarketSuperintendent.

C. Report daily to the Market Superintendent for specific instructions in theperformance of his duties.

SECTION 15 MARKET COLLECTORS. There shall be twenty (20) marketcollectors whose functions shall be as follows:

A. Efficient and proper collection of any form of market fee within hisassigned area of responsibility;

B. Issue the corresponding amount of cash tickets/official receipts uponcollection of market fee;

C. Immediate remittance of the daily revenue collection together with thedaily cash tickets and /or official receipts issuance report;

D. Maintain and update vendors checklist with respect to area ofresponsibility.

E. Perform such other duties and functions as may be assigned from time totime.

SECTION 16 MAINTENANCE PERSONNEL. There shall be adequate MaintenancePersonnel headed by a Maintenance Supervisor, who shall perform the task of:

A. Monitoring regularly the status and condition of the market building andits facilities;

B. Undertake remedial measures and enforce market rules and regulations toupkeep all market facilities and services;

C. Oversee all new constructions in the market premises and enforceordinances relative to illegal constructions;

D. Maintain the cleanliness and sanitation of the market and its vicinity at alltimes;

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E. Enforce health and sanitation policies, rules and regulations and monitorand report violators of ordinances relevant to health and sanitation

F. Perform such other functions and duties that may be assigned by theMarket Superintendent.

Maintenance personnel shall be divided into two (2) units ; (A) Repair and ConstructionUnit and (B) Cleanliness and Sanitation Unit to be headed by a foreman, respectively.

I. Repair and Construction Unit shall be composed of the followingpersonnel:

a) one (1) Foremanb) four (4) Licensed Electriciansc) four (4) Electrician Helpersd) two (2) Plumberse) two (2) Plumber Helpersf) four (4) Carpenter Masonsg) eight (8) Utilities

II. Cleanliness and Sanitation Unit shall be composed of the followingpersonnel:

a) one (1) Foremanb) thirty (30) sweepers or cleanersc) ten (10) garbage collectorsd) four (4) garbage disposal crewe) twelve (12) restroom attendants

The Maintenance Supervisor shall be responsible for the work andtime schedule of all Maintenance Personnel which must be submitted to and approved bythe Market Superintendent before implementation.

SECTION 17 PEACE AND ORDER PERSONNEL. There shall be Peace and OrderPersonnel headed by a Peace and Order Officer, who shall be under the direct control andsupervision of the Market Superintendent, whose functions shall be as follows:

A. Ensure the protection and safety of all government properties in themarket premises as well as that of the market vendors, consumers andmarket personnel;

B. Maintain peace and order in the market and apprehend those who violatesthe same;

C. Regulate traffic flow and enforce traffic laws and ordinances within themarket vicinity and apprehend violators;

D. Perform such other functions and duties that may be assigned by theMarket Superintendent.

The Peace and Order Unit shall be divided into three (3) teams, headed by aTeam Leader, which are as follows:

a. 10 Market Guardsb. 20 Market Traffic Enforcersc. 10 Market Police

The Peace and Order Officer shall be responsible for the periodic assignmentand time schedule of the Peace and Order Personnel which shall be submitted to andapproved by the Market Superintendent before implementation.

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SECTION 18 CONSUMERWELFARE PERSONNEL.There shall be at least five (5) Consumer Welfare Personnel, headed by a ConsumerWelfare Officer, and whose functions shall be as follows:

A. Safeguard the interest and well-being of the buying public and protectthem against unscrupulous vendors;

B. Implement the policies, rules and regulations of the Department of Tradeand Industry regarding Consumer Welfare;

C. Act as front-liners in receiving and recording consumercomplaints/inquiries;

D. Evaluate and make recommendation for the immediate resolutions ofcomplaints;

E. Endorse complaints to concern department/agency;F. Provide consumers with timely, relevant and complete information

affecting their interests.

SECTION 19 OFFICE STAFF. There shall be Market Enterprise Office Staff who shallperform the task of collecting and consolidating all forms of market fee and all thenecessary procedures and paper works pertaining thereto and those which are deemedimportant for a systematic and efficient management, supervision, administration andoperation of the public market; and perform such other functions and duties that may beassigned by the Market Superintendent.

The Market Enterprise Office Staff shall be as follows:a. three (3) Office Revenue Collection Clerks/ Cashierb. two (2) Official Receipts (OR), Cash Tickets and Parking

Tickets Disbursing Clerksc. two (2) Revenue Consolidation and Remittance Clerksd. two (2) Checklist Examinerse. two (2) Posting and Recording Clerksf. two (2) Office Assist Personnel/Utility

SECTION 20 OTHER MARKET ENTERPRISE PERSONNEL- other marketenterprise personnel as may be deemed necessary shall be appointed in accordance withthe existing civil service laws and regulations.

SECTION 21 SPECIAL INSPECTOR. Special Inspector/s shall be designated byevery concerned Local Government Agency or Department to conduct regularinspections regarding the agency’s particular area of concern in the maintenance andoperating procedures of the public market and shall accomplish a written inspectionreport to be submitted to his/her Head of Agency. Said inspector/s shall presenthimself/herself to the Market Superintendent before and after his/her tour of inspection.

SECTION 22 MARKET TASK FORCE (MTF). A Market Task Force shall be createdcomposed and represented by all Local Government Agencies or Departments which areaof concerns include the proper maintenance of the public market’s buildings and facilitiesand the efficient and systematic market operating procedures. A periodic, or as the needarises, assessment inspection shall be conducted by the MTF and shall immediatelysubmit to the City Mayor an assessment report on the present status of the public marketand, if necessary, the MTF’s recommendations for the improvement and development ofthe public market.

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CHAPTER IIIADJUDICATION OF STALLS

SECTION 23 MARKET MANAGEMENT COMMITTEE (MMC). There shall be aMarket Management Committee which shall take charge in the adjudication of fixed orpermanent stalls and salesbooths to applicants of the San Pablo City Shopping Mall andPublic Market in accordance with the provisions of this ordinance and act on complaintsand solve problems that may arise in connection with the duties and responsibilitiesvested upon them by this ordinance. The committee shall certify to the SangguniangPanlungsod on matters affecting market operation and management.

The Market Management Committee shall be composed of the following:

1. The City Mayor - Chairperson2. The City Treasurer - Vice-chairperson3. The City Legal Officer - Member4. Chairman of the Committee on Market - Member

Of the Sangguniang Panlungsod5. Chairman of the Committee on Ways - Member

& Means of the Sangguniang Panlungsod6. Market Superintendent - Member7. President of the Federation of the Market - Member

Vendors Association in San Pablo City8. Representative of San Pablo City - Member

Chamber of Commerce9. Representative of San Pablo City - Member

Filipino-Chinese Chamber of Commerce

The Market Management Committee shall have the following duties:

a. formulate policies, rules, regulations and guidelines for market operationand administration;

b. conduct periodic review of city market operations;c. conduct the drawing of lots/raffle for the adjudication of vacant or newly

constructed stalls or booths in the Public Market/s;d. certify the results thereof, for the approval of the City Mayor;e. adjudicate the transfer of stallholders from one section to another or from

one stall to another;f. recommend such measures of actions as may be necessary in the

resolution of problems, in connection with the use and occupancy of stallsor spaces in the City Public Market/s;

g. decides on the revocation or cancellation of Lease Contract, closure ofstall or space or eviction of vendors from the stall/space he occupied onthe ground/s of violation of specific provision of this Code.

SECTION 23.a MMC SECRETARIAT. Members of the secretariat shall be appointedby the chairman of the MMC.

SECTION 23.b MEETINGS. Market Management Committee shall hold a regularmeeting once a month with the secretariat or anytime as the need arises.

SECTION 24 NOTICE OF VACANCY. Notice of vacant or newly constructed stall/sshall be done in the following manner:

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A. Notice of Vacancy of the stall shall be posted for a period of not less thanfifteen (15) days prior to the date of actual award to qualified applicants toappraise the public of the fact that such stalls are vacant and available forlease;

B. Such notice shall be posted in the bulletin board of the City Hall of SanPablo, in such vacant stall as well as in conspicuous place in the publicmarket concerned.

This notice shall read as follows:

N O T I C E

NOTICE is hereby given that the stall/s No. _____________ of the_______________ Market is/are vacant on __________, 20____). Any person 21 yearsof age or more and is not legally incapacitated and meeting the qualifications set by theMarket Management Committee in accordance with this code, desiring to lease the stall/s,shall file an application thereto on the prescribed form (copies maybe obtained from theoffice of the Market Superintendent during office hours) on or before 12:00 noon of_________________, 20______, after which time no more applications will beentertained. In case there are more than one applicant, the award of the lease of the vacantstall/s shall be determined thru raffle/drawing of lots, to be conducted on___________________, 20__________ at ______________ by the Market ManagementCommittee. The stall/s are in the _________________ Section, and is intended for thesale of ____________________

SECTION 25 APPLICATION FOR LEASE. Applicant shall secure the prescribeforms at the office of the City Mayor through the Market Superintendent, and shall fill upthe information requested and made under oath. The application shall be submitted to theOffice of the City Mayor and should be accompanied with the following requirements:

A. For Duly Acknowledged Stallholders or Present Stallholders of the publicmarket:

1. Barangay Clearance as to Residency and Character2. Voter’s Identification/ Voter’s Registration3. Birth Certificate from National Statistics Office4. Medical Certificate from City Health Office5. National Bureau of Investigation and Police Clearances6. Certified True Copy of current Mayor’s/Business Permit7. Certification/Clearance from the Market Superintendent.8. Latest photo, 2x2 size (2 copies)

B. For New Applicants:1. Barangay Clearance as to Residency and Character2. Voter’s Identification/ Voter’s Registration3. Birth Certificate from National Statistics Office4. Medical Certificate from City Health Office5. National Bureau of Investigation and Police Clearances6. Latest Community Tax Certificate7. Latest photo, 2x2 size (2 copies)

C. A non-refundable application fee of Five Hundred Pesos (P500.00) perstall shall be paid by the applicant which receipt of payment should beattached to the application form.

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It shall be the duty of the Market Superintendent and the MMC Secretariat tokeep a Registry book showing the names and addresses of all applicants for the vacantstalls, the number and description of the stall applied for by them and the date and hour ofthe receipts by the office of each application. It shall also be the duty of the said officesto acknowledge receipt of the application setting forth therein the time and date of receiptthereof.

The Application shall be substantially in the following form and maybemodified, if necessary, by the Market Management Committee.

APPLICATION TO LEASE MARKET STALL

________________Date

The City MayorCity of San Pablo

Sir:

I, ______________________________, ___________ years old, Filipino Citizen,single/widow/widower/married to _______________________, and residing at_______________, hereby apply for the lease of market stall No. _________,____________________ Section of ____________________________ Public Market.

Should the above-mentioned stall be leased to me in accordance with the marketrules and regulations, I promise to hold the same under the following conditions:

1. That, while I am occupying or leasing this stall, I shall at all times have mypicture and that of my helper/s conveniently framed and hung-upconspicuously in this stall.

2. That, I shall keep the stall at all times in good sanitary conditions and complystrictly with all sanitary and market rules and regulations now existing orwhich may hereafter be promulgated.

3. That, I shall pay the corresponding rents for the stall or fees for the stall,including business permit or license and taxes in the manner prescribed byexisting ordinances.

4. That, the business to be conducted in the stall shall belong exclusively to me.5. That, I shall not transfer my privilege over the stall or permit another person

to conduct business therein without the approval from the MarketManagement Committee.

6. That, any violation on my part or on the part of my helpers of the foregoingconditions shall be sufficient cause for market authorities to cancel mycontract of lease.

Very respectfully,

__________________Applicant

I, _____________________ do hereby state that I am the person who signed theforegoing statement/application; that I have read the same and that the contents thereofare true to the best of my knowledge.

__________________Affiant

TIN - ___________________

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SUBSCRIBED AND SWORN to before me in the City of San Pablo, Philippines,this _________________ day of ______________, 20 _______, applicant affiantexhibited to me his/her Identification No. ______________ issued at__________________ on _______________________, 20______________.

________________________Official Title

SECTION 26 PROCEDURE IN THE AWARDING OF STALLS

A. After the expiration of the deadline for the submission of applications, the MarketManagement Committee shall meet to screen and evaluate applications so thatonly those who fulfill the requirements and criteria are considered. The committeeshall first evaluate and consider applications of the present stallholders of thepublic market.

B. Once a registry of Duly Acknowledged Stallholders of the public market iscompleted, allotment of stall shall be conducted.

C. After all Duly Acknowledged Stallholders of the public market are allotted withstalls, the remaining available stalls will be raffled to the new applicants.

D. A Notice of Award specifying the stall and the terms and conditions of the leasecontract shall be issued to the prospective lessee. This notice shall set the date forthe payment of deposit and advance rental fee, occupancy fee and the date ofexecution of contract. Failure to comply with the deadline for payment of therequired application fee, advance rental fee and occupancy fee on the date set willautomatically revoke the award.

SECTION 27 GUIDELINES AND CRITERIA IN THE ADJUDICATION OFSTALLS. The following guidelines and criteria shall be observed by the MarketManagement Committee in the adjudication of stalls:

A. Applicant must be a Filipino citizen.B. Not less than 21 years old.C. Must be free from any tax accountability or liability with the Local

Government.D. Must be mentaly fit and not suffering from any contagious or

communicable disease.E. Preference to San Pablo residence: Non-resident to be considered only

after all San Pablo City resident applicants have been accepted.F. First priority shall be accorded to the original stallholders and at the same

time presently occupying the stall.G. Second priority shall be given to the vendor renting and presently

occupying the stall.H. Next priority shall be given to ambulant and transient vendors after all

regular bonafide stallholders and sublessees of stalls in the public markethave been awarded of stalls.

That after the award of any stall a Contract of Lease shall be executed by the CityMayor and the Awardee . The said lease shall be for a period of two (2) years and shallbe renewable every two (2) years thereafter unless sooner cancelled or revoked for cause.

The Contract of Lease shall be substantially in the following form and maybemodified if necessary by the Market Management Committee.

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Republic of the PhilippinesOffice of the City Mayor

City of San Pablo

CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This contract is made and entered into this ______ day of ____________,20____, at San Pablo City, Philippines by and between:

CITY OF SAN PABLO, a public corporation existing under and byvirtue of the laws of the Philippines, represented in this act by its City Mayor and/or theCity Administrator, hereinafter called the LESSOR,

AND

Mr. / Mrs. ________________________________, of legal age,single/married, Filipino, whose address as appearing in proof of billing is___________________________, San Pablo City, Philippines, hereinafter called theLESSEE:

WITNESSETH

That the LESSEE is the awardee and the actual occupant of Stall No._________, Section of the ______________ Public Market, this city, who are engagingor doing business thereon,

That LESSOR hereby leases the aforesaid stall in favor of the abovementioned LESSEE, subject to the following terms and conditions:

1. That this Contract Of Lease shall be for a period of two (2) years from thedate hereof and shall be renewable every two (2) years thereafter, unlesssooner cancelled or revoke for cause;

2. That the LESSEE shall pay two (2) months deposit and one (1) monthadvance and the corresponding occupancy fee to the LESSOR upon signing ofthis contract;

3. That the LESSEE shall at all times clean and keep the stall in good sanitarycondition and include thereat the immediate surroundings of the stall occupied,provide their own garbage receptacles and cleaning materials as prescribed bythe Market Superintendent and shall comply strictly with all sanitary andmarket rules now existing or which may after be promulgated;

Failure to maintain the same in good sanitary conditions after two(2) written notices by the Market Superintendent shall be a groundfor rescission of this contract;

4. That LESSEE shall pay the corresponding rent for the stall including businesspermit or license and taxes, in the amount and manner prescribed by existingordinance;

5. The LESSEE may renew the contract subject to the approval of the LESSOR,within twenty (20) days before its expiry date, provided that in case the sameis not renewed but the LESSEE continuous the occupation of the stall with thewritten consent of the LESSOR, the extension shall be understood as runningfrom month to month only, under the same terms and conditions hereinstipulated and maybe terminated by either party by means of written notice

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serve upon the other party at least fifteen (15) days in advance prior to thedate of such termination. However, should the continuous occupation by theLESSEE after the expiry date is without the written consent of the LESSOR,the LESSOR is herein authorized to extra-judicially evict the LESSEE fromthe stall without notice and without liability on the part of the LESSORwhatsoever.

6. That the business to be conducted in the stall shall belong exclusively to theherein LESSEE and the latter shall not use the same as his dwelling orsleeping quarter;

7. That during the existence of this contract, the herein LESSEE shall at all timespost his picture and that of his helper/s, if there’s any, which convenientlyframed or hung up in conspicuous place;

8. That the LESSEE shall not sell, convey or transfer his privilege over the stall.9. That the LESSEE shall not use the privilege to the stall, whether directly or

indirectly, as collateral or security for any loan agreement with any public orprivate entity;

10. That the cases of temporary ceasure of the operation of the business andremain closed or idle for at least sixty (60) consecutive days, the same shall bedeclared abandoned and the contract is ipso facto revoked, if it is stillsubsisting, by the Market Management Committee;

11. That non-payment of the monthly rental for two (2) consecutive months andwithin the first fifteen (15) days after it has become due and demandable shallbe sufficient cause for revocation of this contract;

12. That the LESSEE shall not in any manner alter the structure and/or make anyextension of the stall without prior approval from the Market ManagementCommittee;

13. That the LESSEE shall, if necessary, provide for his own water facility andshall personally apply to the San Pablo City Water District (SPCWD) forwater installation and service and shall pay for his water consumption directlyto the SPCWD;

14. That the LESSEE shall pay his monthly electric bill within ten (10) days uponreceipt of electric bill. Non-payment of such after it falls due, the LESSOR orhis authorized representative shall have the right to cut-off the supply ofelectricity without further notice to the herein LESSEE;

15. That the LESSEE shall be responsible for the safety and security of theirwares, goods and other products inside the stall occupied;

16. That the LESSEE shall provide a signage/signboard bearing stallholder’sname, nature of business and stall number, to be placed on the upper front partof the stall, the size and design thereof shall be prescribed by the LESSOR forimmediate determination by the management and the consuming public;

17. That the LESSEE shall not permit or allow any person to engage in any illegal,immoral, offensive, noisy, dangerous trade or business to be conducted on theleased stall;

18. That the LESSEE shall not affix, inscribe or paint any notice, sign or otheradvertising medium or any part inside or outside his stall or building exceptupon written permission of the LESSOR;

19. That the LESSEE shall comply with all the rules and safety regulationspromulgated from time to time by the LESSOR and/or health and otherauthorities arising from or regarding the use, occupancy or sanitation of theleased stall;

20. That the LESSOR or his authorized representative shall have the right to enterthe leased stall at any reasonable time to inspect, examine, make alterations,repairs, cut off of water and/or electric supply or for any purposes which isdeemed necessary for the operation, maintenance and management of theaforesaid market;

21. That the LESSEE shall not use or cover the fluorescent lamp and/or bulb withany foil, colored cellophane, reflectorized materials or any deceptive devicesnor use any sub-standard, non-calibrated or under weight weighing scale and

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the violation of which is enough ground for the revocation of this contract andejection of the LESSEE from his stall;

22. The LESSEE shall not paint the ceiling of his/her stall into red, green or anycolor to make it appear that he/she is selling fish or any marine products, andmeat or any carcasses or for any purpose/s of deception and the violation ofwhich is enough ground for the revocation of this contract;

23. That the LESSEE shall not sell, dispose and/or possess any meat or carcassesnot slaughtered at the City Slaughterhouse or any National Meat InspectionService (NMIS) approved Slaughterhouse/s.

The absence of Meat Inspection Certificate/s (MIC), upon demandon the meat or carcasses for sale, disposal and/or possessionswithin the market premises is a prima facie evidence that the sameis/are “hot meat/s” to be determined by the City VeterinarianOffice or his authorized representative and the violation thereof issufficient ground for the outright revocation of this contract andthe eventual eviction of the Lessee from his stall;

24. That during the effectivity of this contract or while the LESSEE is in the legalor physical possession of the leased stall the LESSOR shall not be liable forany injuries or damaged caused to or suffered by the former, his employees,customer’s or guest inside the aforesaid stall for whatever cause or reason;

25. That violation of any of the foregoing terms and conditions and otherapplicable laws, rules and regulations shall be sufficient ground for an extra-judicial revocation of the contract in addition to the full payment of rentalsdue. The Lessor shall have the right to extra-judicially evict the LESSEE fromthe stall without any liability whatsoever on the part of the LESSOR.

CITY OF GOVERNMENT OF SAN PABLOLESSOR:

By: ___________________________ ________________________City Mayor LESSEE

Signed in the presence of:

1. ______________________ 2. ______________________Witness Witness

ACKNOWLEDGEMENT

Republic of the PhilippinesCity of San Pablo

BEFORE ME, NOTARY PUBLIC, for and in the City of San Pablo,Philippines, this ______________day of _________________ 20_____,personally appeared the following

IDs. Issued on Issued at

________________ __________________ ____________ __________________________ __________________ ____________ __________

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Known to me and to me known to be the same person who executed the foregoinginstrument and acknowledged to me that the same is executed in their free act andvoluntary deed.

WITNESS MY HAND AND SEAL this _________ day of _________________,20______.

________________________NOTARY PUBLIC

Doc No. ___________;Page No. __________ ;Book No. __________;Series of ___________.

SECTION 28 NUMBERING OF MARKET STALLS

A. Every fixed stall shall be assigned a corresponding number foridentification. However, the Market Administration may change or replacethe present stall numbers and adapt a new and systematic scheme of stall-numbering for a more easier identification.

B. Every stallholder shall put up a signboard in one designated conspicuousplace in their stall which shall show the following information:

Name/Nature of Business_________________Name of Stallholder ____________________Stall Number ___________________________

Likewise, valid business permits shall be prominently displayed.

SECTION 29 DUTIES AND OBLIGATIONS OF A STALLHOLDER / VENDOR:A. Stallholder shall not sublease his privilege over a stall to any person,

group or association of persons, partnership or corporations but maytransfer such privilege to his lawful heirs or other person in accordancewith the provisions of this Ordinance.

B. Stallholders shall pay their monthly rental and dues of which the amountand time of payment are stipulated in their Contract of Lease or StallAward;

C. Stallholders shall only exhibit and sell goods specified in the Sectionsestablished herein;

D. Stallholder shall occupy only the stall allotted to him;E. Stalls are considered as places of business and therefore cannot be used for

residential purposes;F. Stallholders shall secure individual Business Permit before operation of

his business and the same shall be renewed annually. Certification fromthe Market Administration shall be secured prior to business permitsapplication;

G. Stallholder and registered family members shall personally administertheir stalls. In case of absence for a limited period of time, of which theMarket Administration must be properly notified beforehand, only theregistered helpers shall be allowed to administer the stall for that period oftime;

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H. Vendors and helpers in the Market shall present themselves as neat, cleanand properly attired. Specifically, vendors and helpers handling fooditems shall conform with the provisions of the Sanitation Code;

I. Stallholders shall secure their respective stalls so as not to cause and bevictims of any loss or damage to their own properties and theirneighboring stall by reason of fire, theft or other causes; and anymerchandise or property including parked vehicles, lost or damaged, shallbe at the risk of the stallholders.

J. Selling in eateries and drinking of hard liquor and any alcoholic beverages,gambling, betting and other forms of illegal activities are strictlyprohibited;

K. Use of Liquefied Petroleum Gas (LPG) and other combustible fuelpersonal cooking purposes in non-eatery stalls/areas is also strictlyprohibited. Likewise, eateries are required to install fire safety measuresincluding fire extinguishers;

L. Stallholders shall help maintain peace and order by not causing anyscandal or fight that may disrupt economic activity in the Market;

M. All meat vendors shall display the original copies of Meat InspectionCertificates issued by National Meat Inspection Service (NMIS) or its dulydeputized inspector;

N. All vendors shall use duly calibrated and sealed weights and measures;O. All vendors shall keep their stalls and surroundings clean pursuant to the

provision of the Environmental Code;P. All vendors and helpers operating food related establishment/business

shall secure necessary health certificates pursuant to the provisions of theCity Sanitation Code;

Q. All stallholders/vendors shall provide garbage bin in front of theirrespective stalls that are visible to market-goers for proper garbagecollection. No vendor or any person shall urinate or dispose of their urineand human feces in any place outside the Restrooms of the Marketpremises;

R. Stallholders shall apply for utilities such as water and telephone servicesrequired by his/her business and shall pay for the same;

S. Stallholder shall not sell any illegal item such as pirated compact disc(CD), unlabelled drugs, “hot meat”, among others;

T. Fish vendors, wholesaler or retailer, shall sell their goods in the Fishsection only;

U. Stallholders shall immediately call the attention of the MarketAdministration or other authorized agencies if there is threat to the peaceand order of the Market;

V. Stallholder shall strictly follow any other rules and regulations that theMarket Administration might introduce and implement from time to time,as maybe necessary, for the more efficient and practical operations of theMarket.

Any violation of the aforementioned duties and responsibilities may causerecommendation of the Market Management Division to the Market ManagementCommittee for cancellation of the Award and exclusion from the privilege ofengaging business in the Market.

SECTION 30 STALLHOLDER TO PERSONALLY ADMINISTER HIS BUSINESS.No awardee of market stall shall sub-lease the same. However, the awardee may

transfer his privilege over the stall upon approval from the Market ManagementCommittee and after compliance of some requirements as provided for in this Code. Aperson other than the stallholder, his registered partner or helper found selling in thelatter’s stall is prima facie evidence of sub-leasing and shall subject the stallholder tooutright revocation of the lease by the Market Committee.

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SECTION 31 PARTNERSHIP WITH STALLHOLDER. A market stallholder whoenters into business with any party, after he has acquired the right to lease such stall hasno authority to transfer to his partner or partners the right to occupy the stall. Provided,however, that in case of death or any legal disability of such stallholder to continue in hisbusiness, the surviving partner maybe authorized to continue occupying the stall for aperiod not exceeding sixty (60) days within which to wind the business of the partnership.If the surviving partner is otherwise qualified to occupy a market stall under theprovisions hereof and the spouse, parent/s, son/s, daughter/s of the deceased is notapplying for the stall, he shall be given the preference to continue occupying the stallconcerned if he applied therefore. The partnership must exist at the time the stall isawarded to the stallholder.

SECTION 32 VACANCY OF STALL BEFORE EXPIRATION OF LEASE. If forany reason a stallholder or lessee discontinues or is required to discontinue his businessbefore his lease of the stall expires, such stall shall be considered vacant and itsoccupancy thereafter shall be disposed of in the manner herein prescribed.

SECTION 33 DEATH OF LESSEE; SUCCESSION. If an adjudicated regularstallholder dies or become physically incapacitated permanently for work, the survivingspouse, if living together, may succeed an adjudicated stallholder in the occupancy of thestall thereof. Provided, however, that if the stallholder leaves no spouse, or the spouse leftis physically incapacitated, any legitimate son or daughter, as the case may be, uponwhom devolves the support of the family of the deceased or incapacitated stallholder,shall be one next in line to succeed said stallholder. Provided, further, that in case ofsuccession, such spouse, son or daughter is a citizen of the Philippines or not otherwisedisqualified to apply for such stall.

SECTION 34 DISQUALIFICATIONS.

A. Stallholders who have been convicted or found guilty of violating any lawpertaining to the Market Code and those who have been ejected from his or herstall for cause as provided for in this ordinance and any other city ordinancerelated to the operation of business in the city shall be disqualified from filinganother application for the lease of any other stall in the SPCSMPM and in anypublic market that may be established in the future.

B. The awardee who had relinquished or transferred his privilege to another personis disqualified to participate in any raffling of stall or acquire the same astransferee.

CHAPTER IVIMPOSITION OF MARKET FEES

SECTION 35 CLASSIFICATIONS OF MARKET STALLS. For the purpose of thisordinance, fixed or permanent stalls shall be classified according to Annual Gross Incomewhich are as follows:

ANNUAL GROSS INCOME

1. CLASS A P1,000,001.00 and above

2. CLASS B P 400,001.00 to P1,000,000.00

3. CLASS C P 400,000.00 and below

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Upon effectivity of this ordinance, semi-fixed or temporary stalls shallautomatically be converted and recognized as fixed stalls subject to the provisionsof this Code on Fixed Stall.

SECTION 36 STALL MONTHLY RENTAL FEE /DAILY MARKET FEE (DMF).A monthly rental fee on fixed stalls and a daily market fee on ambulant/transient vendorsand peddlers or hawkers shall be imposed as follows:

A. FIXED STALL (GROUND FLOOR) – Monthly rental shall be computedbased on the classification and area of stall in square meter and the amountper square meter.

1. CLASS A P12.00/sq.m/day2. CLASS B P10.00/sq.m/day3. CLASS C P 8.00/sq.m/day

B. FIXED STALL (2nd Floor Shopping Mall) – monthly rental fee shall becomputed based on the stall area in square meter and the amount persquare meter subject to a ten percent (10%) increase annually as providedin the Contract of Lease as follows:

1. 10sq.m. to 20sq.m. P50.00/sq.m.2. 21sq.m. to 50sq.m. P45.00/sq.m.3. 51sq.m. to 100sq.m. P40.00/sq.m.4. 101sq.m. to 1,000sq.m. P35.00/sq.m.

Provided,that the ten percent (10%) annual increase as stipulated inthe existing Contract of Lease be suspended until the end of year 2016 andherein be revised or amended to ten percent (10%) increase every five (5)years which shall take effect on January 2017.

C. SALESBOOTH (2nd Floor Shopping Mall) – monthly rental shall becomputed based on the stall area and amount of every square meter whichis Two Hundred Pesos (P200.00) per square meter per day.

D. SPCSMPM PHASE II – the monthly rental fee for the first floor andsecond floor of the SPCSMPM Phase II shall be as stipulated in theexisting Contract of Lease, respectively.

E. SERVICE ROAD AMBULANT – The daily market fee shall be fixed atTwenty pesos (P20.00) per stall plus Ten pesos (P10.00) for steel-stallrental with a total of Thirty pesos (P30.00) per day.

F. AMBULANT/TRANSIENT VENDOR –The daily market fee shall bebased on the space occupied at the rate of Twenty pesos (P20.00) persquare meter. Minimum DMF shall be Twenty pesos (P20.00).

G. PEDDLER/HAWKER –A fixed DMF of Twenty pesos (P20.00).

SECTION 37 TIME FOR PAYMENT AND PENALTIES FOR DELIQUENCY.Monthly rental for fixed stalls and salesbooth shall be due and demandable every 5th dayof the succeeding month. A surcharge of twenty five (25%) shall be imposed for non-payment in due time and an additional two percent (2%) per month of the total amount ofmarket rental payable including surcharge. However, failure to pay the monthly rentalfor three (3) consecutive months and within the first ten (10) days after it has become dueand demandable shall be sufficient cause for automatic cancellation of the Contract ofLease without prejudice to any legal action that may be pursued by the LocalGovernment to recover obligations due to Lessee. The daily market fee shall be due andpayable within the day.

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SECTION 38 OCCUPANCY FEE. Upon award or signing of the Contract of Lease theawardee shall pay Fifty percent (50%) of the corresponding occupancy fee and the otherFifty percent (50%) shall be paid before actual stall occupancy. However, afteracceptance of the notice of award, a bonafide or present stallholder shall be given theprivilege to pay the corresponding occupancy fee on a staggard basis within six monthsfor the initial Contract of Lease only. The occupancy fee shall be in effect for two (2)years from the date of the Contract of Lease and renewable before its expiry date. Saidfee is non-refundable and cannot be transferred in favor of any person whenever anawardee relinquishes his privilege over the stall for whatever reason anytime before itexpires. Non-full payment of the Occupancy Fee on the prescribed period and withinfifteen (15) days after it has become due and demandable shall mean cancellation ofContract of Lease and ejection from his/her stall.

The amount of occupancy fee for a market stall shall be as follows:

1. CLASS A STALL – P3,000.00 per square meter2. CLASS B STALL – P2,500.00 per square meter3. CLASS C STALL – P2,000.00 per square meter

SECTION 39 TRANSFER FEE FOR TRANSFEROR AND OCCUPANCY FEEFOR TRANSFEREE.

A. The awardee may relinguish or transfer his privilege over the stall toanother person after payment of transfer fee and after complying withother requirements on stall-transfer set by the MMC.

The amount of transfer fee is hereby fixed as follows:

1. CLASS A – P100,000.002. CLASS B – P 80,000.003. CLASS C – P 60,000.00

B. The transferee may acquire a stall from an awardee after complying withthe requirements set by the MMC and after payment of the occupancy feeas provided in Section 38 of this ordinance.

C. In case of succession the transferor is not required to pay “transfer fee” butthe transferee or heir shall pay the “occupancy fee” as provided in Section38 hereof.

SECTION 40 MARKET ENTRANCE/MERCHANDISE DELIVERY FEE. AMarket Entrance Fee shall be collected for incoming goods/products in the public marketas follows:

Rate of fee per day

a. Root Crops1. Carrots Php 10.00/ bag of 20 kilos2. Gabi 10.00/sack3. Potatoes 10.00/sack4. Radish 10.00/red bag of 20 kilos5. Singkamas 150.00/jeep load / topload

200.00/truck6. Ubi 10.00/sack7. Camote 10.00/sack8. All other kinds of root crops 10.00/sack

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b. Fruits1. Apples 15.00/box2. Bananas 10.00/wooden crate3. Chicos 10.00/kaing (small)

15.00/kaing (big)4. Citrus and oranges, native 15.00/kaing (big);

150.00/jeepload5. Durian 5.00/piece6. Grapes 15.00/box7. Guavas 10.00/bag of 20 kilos8. Jackfruit 5.00/piece

10.00/sack9. Marang 5.00/piece10. Mangoes 10.00/kaing (small);

15.00/kaing (big)11. Papaya 4.00/piece

15.00/sack12. Pineapple 15.00/sack

150.00/jeepload/13. Pakwan 150.00/jeepload

200.00/truckload14. Siniguelas 15.00/sack15. Sunkist 15.00/box16. Watermelon 150.00/jeepload17. All other kinds of fruits 15.00/sack18. Lanzones 15.00/kaing or box19. Rambutan 15.00/sack or box

c. Vegetablesc.1. Leafy vegetables

1. Cabbage 10.00/ bag of 20 kilos2. Chinese pechay 10.00/ bag of 20 kilos3. Native pechay 10.00/big bundle4. All other kinds of leafy vegetables 10.00/ bag of 20 kilos

c.2. Fruit Vegetables1. Ampalaya 10.00/ bag of 20 kilos2. Bantiyong 10.00/ bag of 20 kilos3. Eggplant 10.00/ bag of 20 kilos4. Pipino 10.00/ bag of 20 kilos5. Sayote 10.00/ bag of 20 kilos6. Squash/Kalabasa 15.00/sack;

150.00/jeep load7. Upo 10.00/ bag;

150.00/jeep load8. All kinds of fruit vegetables 15.00/sack

d. Spices1. Chinese spices 10.00/ bag of 20 kilos2. Garlic 15.00/red bag of 30 kilos3. Onions

i. Bulb 15.00/red bag of 30 kilosii. Leaf 10.00/ bag of 20 kilos

e. Peppers1. Atsal 10.00/ bag of 20 kilos2. Punget/quilicot 10.00/ bag of 20 kilos

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f. Tomatoes 10.00/kaing or boxg. All other kinds of spices 10.00/sackh. Cereals and grains

1. Cacao 10.00/sack2. Coffee beans 10.00/sack3. Corns:

i. Grains 10.00/sackii. Grits 10.00/sackiii. Young ears (tila ubas) 10.00/sack

4. Mongos 20.00/sack5. Palay 20.00/sack6. Peanuts:

i. Peeled 20.00/sackii. Unpeeled 15.00/sack

7. Polard 10.00/sack8. Poultry and animal feeds 10.00/sack9. Prawn and Oyster fish pond feed 10.00/sack10. Rice 10.00/sack11. Rice and Corn brand 5.00/sack12. Sorghum 5.00/sack13. Castor Beans 10.00/sack14. Other kinds of beans 15.00/sack

i. Other Agricultural products1. Coconut 15.00/sack2. Copra 10.00/sack3. Cassava chips 10.00/sack4. Salt 10.00/bag5. Flour 10.00/bag6. Starch 10.00/bag7. Sugar:

i. Mascovado 15.00/bagii. Refined Sugar 20.00/bag

8. Sugar cane 10.00/bundle9. Native cheese, milk 10.00/box

j. Eggs1. Fresh Eggs 3.00/tray2. Salted Eggs 5.00/tray3. Quail Eggs 10.00/100 pieces

k. Tokwa, Tahure, Tausi and other similar products 20.00/5 gallon canl. Livestock

1. Large cattle 20.00/head2. Hogs or pigs 15.00/head3. Goats, piglets and other livestock 15.00/head4. Chicken 2.00/head

m. Forest products1. Charcoal 18.00/sack2. Firewood 5.00/bundle3. Honey (ordinary bottle) 5.00/bottle4. Nipa, shingles 5.00/piece5. Nito 4.00/piece6. Rattan String 2.00/bundle7. Rattan poles 5.00/piece8. Risen, kaong & other forest product 5.00/kilo

n. Industrial products:Bamboo crafts, woodcrafts, shellcrafts,Metal crafts, basket, hats, mats, plastic products,Abaca products, nylon products, toys & otherIndustrial products 2% of assessed market value

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o. Coconut Oil 2.00/ gallonp. Wet goods: meat

Carabeef, cattle beef, pork, venison, fowlsAnd chicken meat Php 1.00/kilo

q. All kinds of processed meat 1.00/kilor. Marine and sea products

1. Fresh Fish 1.00/kilo2. Shell Fish and similar marine products 0.50/kilo3. Lobster, shrimp & similar marine products 1.00/kilo4. Dried and/or Salted or Smoked Fish 1.00/kilo5. Bagoong, alamang and other salted

sea products 20.00/ 5 gallon can

Provided, that, if not in contrary or violation to any existing laws, decrees orexecutive orders, there shall be fees to be collected from persons, proprietors, dealers,distributors, producers, manufacturers or other entities for sale and /or delivery ordistribution of merchandise, in any form of conveyances, at the market premises or in anyother place within the territorial jurisdiction of the Local Government of San Pablo City.For products or goods not defined in this section, the amount of “Merchandise EntranceFee” to be imposed shall be determined based on the form of conveyance used andquantity of load.

1. one tricycle load - P 30.002. one standard trailer load - P 50.003. one jeep/pick-up/van load - P 150.004. one multicab load - P 150.005. one 6-wheeler truck load - P 300.006. one 10-wheeler truck load - P 500.007. beyond 10-wheeler truck load - P 700.00

Balverde, Eseo and Penaloza Streets shall be designated as the temporaryMerchandise Delivery Site for non-agricultural products. Merchandise deliveries shall bedone in the said streets or sites in accordance with existing traffic laws and ordinancesand with due consideration on the convenience of the business establishments and theresidence thereat. Only from 2:00 am to 6:00 am shall merchandise delivery be allowedat the market perimeter.

SECTION 41 ISSUANCE OF CASH TICKETS TO AMBULANT/TRANSIENTVENDORS; PROHIBITION ON TRANSFER THEREOF. Cash tickets shall beissued to the vendor buying the same and the date of issue and the name and signature ofthe collector shall be written on the back thereof. The cash tickets shall pertain only to theperson buying the same and shall be good only for the space of the market vicinity towhich he is assigned and only while in the hands of the original purchaser. If a vendordisposes of his merchandise by wholesale to another vendor, the latter shall purchase newtickets if he desires to sell the same merchandise even if this is to be done in the sameplace occupied by the previous vendor.

Cash tickets shall be provided with serial numbers by the Office of the CityTreasurer who will monitor the issuance of the cash tickets in collaboration with theMarket Superintendent.

Cash Tickets and/or Official Receipts issued by market collectors/ cashiers mustbe kept by all market vendors and concerned individuals for purposes of inspection andpayment validation.

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SECTION 42 PROMOTIONAL FEE. There shall be a promotional fee to be imposedon any individual or entity who intends to conduct or hold promotional activities of theirproduct within the SPCSMPM or its premises. The rate of promotional fee, excludingelectric consumption fee which is One Hundred Pesos per day, shall be based on thelocation as follows:

A) SPC Shopping Mall – Center Lobby Space - P500.00/sq.m./DayB) Public Market and Outside Market Building - P200.00/sq.m/DayC) Promotional Activity such as mere distribution - P200.00/Dayof flyers and the likesD) Use of Market Plaza:

1. Promotional Activity - P 500.00/sq.m./Day2. Other Events - P1,000.00/Day

Provided, that the letter of intent for promotional sale or activity was approved bythe City Mayor/City Administrator and that the application for such was dulyaccomplished and acknowledged by the Market Superintendent; Provided further, that thepromotional fee is paid in full on or before the start of promotion; Provided furthermore,that only big single event shall be allowed to occupy the center lobby for a period of notmore than thirty (30) days, renewable; Provided, finally, that the products ormerchandises being offered for promotional sale at the shopping mall is different fromthose being sold by any legitimate stallholders inside the mall. Violation of any of theconditions specified in the duly subscribed and sworn application form shall be subject toautomatic ejectment from space occupied and cancellation of Mayor’s Permit.

SECTION 42.a. GARBAGE FEE. In addition to the Promotional Fee, any individual orentity who intends to conduct or hold promotional activities of their product within theSPCSMPM or its premises shall be charged with Garbage Fee of Fifty (P50) Pesos perday.

SECTION 43 SPECIAL MARKET FEE. The market fee for special market, asprovided in Chapter V Sections 52, 53, 54, 55, 56 and 57, shall be as follows:

1. MARKET DAY/ “TIANGGE” P 50.00/sq.m./day2. HALLOWEEN/FLORAL and CANDLE FAIR P 300.00/sq.m./day3. HALLOWEEN TRADE FAIR P 300.00/day/2x2 space4. NEW YEAR FAIR P 300.00/sq.m./day5. FIESTA FAIR P 200.00/sq.m./day6. NIGHT MARKET P 20.00/sq.m./night

MARKET FEES FOR MARKET DAY or “TIANGGE” AND NIGHT MARKET –shall be due and payable within the day.

MARKET FEES FOR HALLOWEEN, NEW YEAR and FIESTA FAIRS shall bepaid in full for the whole duration of the fair before the prescribed date.

SECTION 44 PARKING FEE. There shall be parking fee to be imposed on anyindividual or person who avails of the space at the basement parking lot of theSPCSMPM for their vehicle.

The fixed rate of parking fee per entry are :1. car, jeep, van or any 4-wheeler vehicle - P 25.002. tricycle or any 3-wheeler vehicle - P 20.003. motorcycle - P 10.00

SECTION 45 PRIVILEGED PARKING FEE. A privileged parking fee per month ishereby fixed at the following rate:

1. car, jeep, van or any 4-wheeler vehicle - P400.002. tricycle or any 3-wheeler vehicle - P300.003. motorcycle - P200.00

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Provided, that only legitimate stallholders can avail of “Privileged Parking” whichis non-transferable and shall be effective only from 5:00 a.m. to 9:00 p.m. of the sameday. To be accorded of said privilege, an application accompanied by the followingrequirements shall be filed at the Market Enterprise Office:

1. Current Business Permit2. Vehicle’s Certificate of Registration and Current Official Receipt

Upon approval of the application by the Market Superintendent and upon payment ofFifty Pesos (P50.00) for the cost of privileged parking sticker, Market Personnel shallattach said sticker on a conspicuous place at the front windshield of the applicant’svehicle for the purpose of easy identification and free passage at the basement parkingentrance. A Twenty-five percent (25%) penalty per month shall be imposed for non-payment in due time which is thirty days (30) from sticker issuance date for the firstmonth and every thirty days (30) thereafter. However, non-payment of privilegedparking fee for two (2) months shall mean cancellation of such privilege anddisqualification to avail of the same in the future.

SECTION 46 OVERNIGHT PARKING FEE. An Overnight Parking Fee of OneHundred Fifty Pesos (P150.00) shall be imposed for parking overnight which is from9:00 p.m. up to 9:00 a.m. only of the following day. Extended parking hours after duetime but not beyond 9:00 p.m. shall mean an additional charge of Twenty-Five Pesos(P25.00).

SECTION 47 MARKET CLEARANCE/CERTIFICATION FEE. A Fifty Pesos(P50.00) fee shall be charged for every Market Clearance/Certification issued by theMarket Administration. The Market Clearance/Certification shall be valid for thirty (30)days only from issuance date. Provided, that a stallholder or vendor is clear from anyliability on market fee, his application for a Market Clearance/Certification for thepurpose of securing Business Permit must be accompanied by the following requirements:

1. Latest Business permit2. Barangay Certificate of Residency3. National Food Authority Clearance for Rice Dealer/Retail4. License to Operate from Bureau of Foods and Drugs for Pharmaceutical Business5. National Telecommunication Commission clearance/certification for cellphone

dealer/retailer

SECTION 48 CONSTRUCTION/ RENOVATION FEE. Any private construction orrenovation in the market, upon a written endorsement from the Market Superintendent,must have written permit from MMC through the City Engineers office. Such permitshall only be issued upon payment of construction or renovation fee which is fixed atThree Hundred Pesos (P300.00).

SECTION 49 WEIGHTS AND MEASURES, CALIBRATION AND SEALING FEE.All market stallholders and vendors using weighing scales and measurements shall becompelled to present such to the Market Enterprise Office for proper calibration andsealing. The calibration and sealing fee shall be as follows:

With capacity of not more than 30kgs P100.00With capacity of more than 30kgs But not more than 300 kgs. P150.00With capacity of more than 300 kgs But not more than 3,000 kgs. P200.00With capacity of more than 3,000 kgs P300.00Measurement devices such as yardstick, meterstick, tape measure 50.00and other similar devices

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A. The use of underweighted scales or the placing of any metal, gadget or concealedmaterials in a weighing scale in such a manner as to reflect a greater weight otherthan the true weight of any good or merchandise, is prohibited and shall bepenalized as follows:

i. 1st OFFENSE – Confiscation of weighing scale/measuring device and a fineof Two Hundred Pesos (P200.00). Such confiscated items shall bereturned upon demand and upon payment of penalty and correspondingweighing scale/measuring device calibration and sealing fee.

ii. 2nd OFFENSE – a NO-RETRIEVAL confiscation of weighingscale/measuring device and a fine of Five Hundred Pesos (P500.00)

iii. 3rd OFFENSE – A fine of Two Thousand Pesos (P2,000.00) or animprisonment of fifteen (15) days, or both at the discretion of the court,and prohibition to engage in business at the Market for five (5) years.

B. All weights, measures and similar devices used by any person engaged in tradeand commerce, involving goods and other commodities the values of which isdetermined by weight or measures shall be registered with the Market EnterpriseOffice, prior to the use of such devices.

C. All weights, measure and similar devices already registered under the provision ofthis Ordinance shall be submitted to the Market Enterprise Office for re-inspection and re-sealing annually. For inspection and re-sealing yearly onanniversary date.

SECTION 50 TOILET FEE There shall be a fee of Two Pesos (P2.00) for the use ofthe public market toilet facilities. Collected revenue shall be used for the maintenanceand upkeep of the public toilets.

CHAPTER VSPECIAL MARKETS

SECTION 51 SPECIAL MARKETS. Special Markets, to include market day or“tiangge” and “bulante”, Halloween fair, New Year fair, Fiesta fair and Night Marketmay be allowed, subject to the provisions of this ordinance or such other rules andregulations as may be promulgated by the Sangguniang Panlungsod, outside theSPCSMPM.

SECTION 52 MARKET DAY/”TIANGGE”. There shall be a Market Day/”Tiangge”for the transient/itinerant/hawker vendors that shall operate from 3:00 a.m. until 5:00 p.m.every Saturday to be located at the “BAGSAKAN” area as defined in Section 68.“Tiangge” vendors shall secure a monthly Business Permit from the Permits andLicensing Division, City Mayor’s Office.

SECTION 53 HALLOWEEN FAIR. There shall be a Halloween fair to be held onOctober 29 to November 1 every year along A. Regidor Street (from corner of A. Floresand Regidor streets to corner of P. Zamora and Regidor Streets) where only flowers andcandles shall be sold.

SECTION 54 HALLOWEEN TRADE FAIR. There shall be a Halloween Trade Fairto be held on October 28 to November 3 every year along M. Leonor Street (from cornerof Balverde St. up to the front of the City Public Cemetery) where flowers, candles andfood stuff and cedera items shall be sold.

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SECTION 55 NEW YEAR FAIR. There shall be a New Year fair to be held onDecember 29 to December 31 every year. Venue shall be as prescribed in Section 43herein. Only fruits, firecrackers and likes, cakes and pastries and the likes and other NewYear items / paraphernalia shall be sold in this fair/market. The MMC shall assign zoningand/or location separating the sales of firecrackers and likes from cakes and pastries andother New Year items’ paraphernalia.

SECTION 56 FIESTA FAIR. There shall be a Fiesta Fair which shall be held yearlyand shall commence on January 03 until January 20 along the streets of A. Flores, M.Basa, A. Bonifacio, and P. Zamora from Rizal Avenue to Regidor Street if the respectivebarangay consented the operation of Fiesta Fair in their respective jurisdiction.

The Sanggunian Panglunsod may allow the use of other streets of the city or maytransfer the operation of the Fiesta fair to other location by virtue of an Ordinance dulypassed on or before the end of November of the preceding year.

SECTION 57 NIGHT MARKET. There shall be a Night Market where the sales ofonly cooked food, ready-to eat food, processed food, cakes and pastries, and other drieditem that maybe approved by the Market Management Committee.

A. NIGHT MARKET LOCATION. The night market shall be located at M. BasaStreet from corner of P. Burgos to corner of Regidor Streets only. Expansionor transfer of location shall be determined by the Sangguniang Panlungsod.

B. NIGHT MARKET DURATION. The night market will commence daily at4:00 in the afternoon until 3:00 in the morning of the following day. The nightmarket area will be cleared of all debris and vending paraphernalia by 3:00 amof the following day and no vendor shall be allowed after the clearing.

C. NIGHT MARKET SUPERVISION AND CONTROL. The MarketSuperintendent shall supervise and control the night market operation. Withrespect to nature of business, the Market Superintendent has the prerogative todetermine and assign the proper positioning and area allotment fore each stalland the right to control the number of competitors on every kind of businessand the quantity of stalls. Manner of selling and merchandise presentationmust be approved by the Market Committee.

D. REQUIREMENTS FOR NIGHT MARKET APPLICANTS. Night Marketapplicants must submit to the market office the following requirements:

1. Filled-up application form which can be secured from Market Office2. Barangay Certificate of Residency3. Photocopy of Voter’s ID / Certificate of Voter Registration4. Community Tax Certificate (Cedula)5. Health Certificate’6. Police Clearance7. 2pcs 2x2 picture

The Market Superintendent has the right to approve and disapprove anyapplication and shall give priority to residents of San Pablo City.E. NIGHT MARKET RESTRICTIONS.

1. during the duration of the Night Market, there will be no loading andunloading and no parking of any form of conveyance at the location;

2. no liquor or any intoxicating beverage will be sold or allowed;3. selling of fresh and processed meat and vegetables are not allowed;4. no push-cart, improvised tricycle and the likes will be used or allowed

in sale of merchandise;5. no stall will occupy less than the minimum area of three (3) square

meters (2.0m x 1.5m) and more than the maximum area of twelve (12)square meters (4.0m x 3.0m)

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6. no night market operation shall be done during Halloween Fair, NewYear Fair and during the Good Fridays and the schedule religiousprocession passing the location of the Night Market.

F. NIGHT MARKET POLICIES.1. Only one (1) stall shall be allotted per family;2. As approved by the Market Superintendent, only tent with the right

size and color shall be used as a stall;3. A maximum of four (4) stalls will be approved and allowed to engage

in the same nature of business;4. Only cooked and ready-to-eat foods and processed meat will be sold at

the night market;5. Vendors must wear proper attire with aprons, hairnets/caps, hand

gloves and face masks and if warranted, must wear the uniform;6. All vendors must have an Identification Card issued by the Market

Superintendent to easily identify legitimate and illegitimate nightmarket vendors and to properly execute the collection of market fees;

7. Every stall must have its own garbage receptacle;8. The “Paligid Ko, Linis Ko” policy must be observed throughout the

duration of all the Special Markets.

G. NIGHT MARKET FEE. All legitimate night market vendors shall secureMayor’s Permit within fifteen (15) days upon start of business and shall paytwenty (P20.00) pesos per square meter of stall area per night.

Any night market vendor who will be absent from doing business for fifteen (15)consecutive days without prior notice and clearance from the market authorities, shall besubjected to revocation of Mayor’s Permit and the privilege to engage in the NightMarket.

SECTION 58 Special Markets shall be under the supervision, management and controlof the Market Superintendent who shall implement market rules and regulations, the areato be allotted per stall and manner of stall-allotment and those that may be promulgatedby the Sangguniang Panlungsod and ensure that proper revenue collection is beingconducted thereof.

SECTION 59 Special Markets shall secure mayor’s Permit in accordance to the 2012Comprehensive Revised Revenue Code of the City.

CHAPTER VIMAINTENANCE OF PUBLIC MARKET

SECTION 60 CLEANLINESS AND SANITATION. The public market and itspremises must be kept clean and in excellent sanitary condition at all times to safeguardthe health and safety of the buying public as well as the market vendors and stallholdersand the market personnel. Facilities for sanitation and maintenance shall be provided.

SECTION 61 SANITATION PERSONNEL. The market must have adequate numberof personnel responsible for the maintenance of cleanliness and sanitation within themarket and its vicinity. The cleaning of the market vicinity should be done preferablybefore and after market hours.

SECTION 62 REGULAR INSPECTION OF MARKET BUILDINGS ANDFACILITIES. A regular inspection on the status of market buildings and facilities mustbe conducted to ensure that such are always in good conditions and to readily implementremedial measures on any problem that might be detected.

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SECTION 63 ADEQUATE FACILITIES REQUIRED. Adequate and properdrainage and sewerage system shall be provided in every public market. Likewise, allpublic markets shall have ample water for cleaning and separate drinking facilities.

SECTION 64 PUBLIC MARKET TOILETS. Public Market Toilets with adequatelavatories shall be provided in every public market, and these should be kept sanitary andclean at all times. A maintenance fee of two pesos (P2.00) shall be charged from everyperson using public market toilets and the same shall accrue to the maintenance fund tobe used solely or exclusively for the upkeep and maintenance of public market toilets.

SECTION 65 GARBAGE RECEPTACLES. All markets must be provided with largegarbage receptacle with cover for the collection of all garbage and rubbish in the marketand its vicinity. An adequate number of garbage receptacles shall be placed at strategicplaces for garbage and rubbish of market-goers, vendors and market personnel. Likewiseall garbage receptacles must be properly covered.

SECTION 66 DISPOSAL OF GARBAGE. Individual stallholders and vendors shalldispose of their garbage at the end of the day by placing the garbage in the receptaclereferred in Section 66 above in accordance with R.A. 9003 and City Ordinance No. 2003-15. All garbage and rubbish shall be collected and disposed of at appropriate schedules tobe set by market authorities.

SECTION 67 CLEANING OF STALLS. At the close of each day’s business and beforeleaving, stallholders and ambulant/transient vendors shall clean their stalls. They shallremove all dirty materials and place rubbish and garbage in containers placed for thispurpose in the market. All fixtures should be scrubbed neatly and their surfaces keptsmooth always so that food thereof will not lodge in cracks or in rough places todecompose.

CHAPTER VIIMARKET POLICIES, RULES AND REGULATIONS

SECTION 68 “BAGSAKAN” – The only site or location that shall be designated astemporary “BAGSAKAN” is the South-End of P.Alcantara Street and its adjacent vacantspaces. The use of Eseo (Unson) and Penaloza Streets as “BAGSAKAN” and“BULANTE” shall be prohibited.

SECTION 69 “BULANTE” – The only location or site that shall be designated astemporary “BULANTE” is the side streets of P.Paterno and San Pedro Streets. Noambulant/transient vendor shall be allowed to occupy any other street in the marketvicinity.

SECTION 70 NO EXCESS POLICY - Any extension of the stall shall not be allowed.Display of merchandise outside the stall shall be considered “excess” and shall not beallowed. Violation of this provision shall subject the stallholder to penalties as follows:

First Offense fine of P 1,000.00Second Offense fine of P 5,000.00Third Offense revocation of Contract of Lease and eviction from

Stall.

SECTION 71 NO PARKING POLICY – A strict no parking policy shall beimplemented on the market side along Regidor, Flores and Paterno streets from 6:00 AMto 9:00 PM. Also, no private or public vehicle, TODA or JODA shall be allowed to parkalong the sides of the streets adjacent to the market sidewalk or perimeter.

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SECTION 72 NO ROLLING STORE POLICY – sale of any merchandise on rollingstore such as pushcart, pedicab and the likes shall not be allowed within the vicinity ofpublic market. Violators of this provision shall be penalized with confiscation of therolling store being used and the merchandise being sold. Only duly registered marketporters or “cargadores” shall be permitted to use pushcarts in transporting goods from the“bagsakan” to the public market.

SECTION 73. ABANDONED ARTICLES/MERCHANDISE. Any article abandonedin the market in violation of any provisions of this code shall be deemed a nuisance andit shall be the duty of the Market Superintendent and his subordinates to take custodythereof. In case the articles are claimed within twenty-four (24) hours thereafter, theyshall be returned to their owners upon payment of actual expenses incurred in theirsafekeeping unless they have so deteriorated as to constitute a menace to public health, inwhich case, they shall be disposed of in the manner directed by the MarketSuperintendent, who may also, at his discretion, cause the criminal prosecution of theguilty party or merely warn him/her against future violations. If the articles have notdeteriorated and are not claimed within the time herein fixed, said article/s shall be sold atpublic auction and the proceeds thereof disposed of in accordance with law.

SECTION 74 VENDORS CLEAN IN PERSON. All market stallholders or vendorsmust be tidy in person and properly dress and must have a Health Certificate attestinghis/her good health.

SECTION 75 CODE ON SANITATION. All provisions of the Code on Sanitationwherever applicable shall be observed and be enforced upon public market and allestablishments therein and their respective vendors and personnel.

SECTION 76. MEAT AND MEAT PRODUCTS. All meat and meat products shall beinspected pursuant to existing laws, ordinances, rules and regulations before being sold atthe public market.

SECTION 77 PROTECTION OF COOKED/RAW FOOD. Cooked food should beserved hot and protected at all times from contamination by dirt, flies and other insects.Likewise, raw foods such as meat, fish etc. shall at all times be protected fromcontaminants which can make it unfit for human consumption. All kinds of food whichrequire further cooking shall be wrapped, covered and enclosed in containers to preservetheir freshness and prevent contamination. All food shall be sold from stalls, tables,booths made or constructed according to plans and designs approved by the CityGovernment.

SECTION 78 LESSEES OF STALLS. Any person who has been awarded the right tolease a market stall must occupy and manage such stall. Helpers however may beemployed and such helpers may include the stallholder’s spouse, parents, children or anyperson under his control and supervision. Such helpers shall be registered with theMarket Superintendent who shall keep pertinent data or information including picture ofsuch helpers and must wear an ID indicating his/her designation.

SECTION 79 PROPER DISPLAY OF MERCHANDISE. All items, commodity ormerchandise shall be displayed in the stalls or market premises so as not to hamper,obstruct or impede the passage or aisles and shall be arranged and displayed in themanner which shall not hamper the regular cleaning of the market premises. “Noextensions of existing stall of any kind or structure or make shall be allowed.

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SECTION 80 STORAGE AND REPACKING OF ARTICLES. The premises of themarket or any stall shall not be used as bodegas or storage places and repacking ofarticles of stallholders or outsiders. Items which by necessity must be stored temporarilyfor short duration within the market premises may be allowed for storage subject to theapproval and strict regulation of local market authorities.

SECTION 81 FIRE PREVENTION. Fire extinguishers and other fire fightingequipment must be placed in the strategic places of the market premises by local marketauthorities. Every permanent stall must have its own fire extinguisher at the expense ofthe stallholder.

SECTION 82 LOSSES/DAMAGES/INJURY TO STALLHOLDERS. The CityGovernment shall not be responsible for any loss, damage or injury to stallholders in themarket by reason of fire, theft or force majure in the course of their business operations.Any merchandise, goods, wares, commodities left in the market after closure time shallbe at the risk and responsibility of the stallholder. Local market authorities, however,shall encourage stallholders to insure their commodities.

SECTION 83 INFORMATION DISSEMINATION The market shall be providedwith a “public address” system with which to announce market rules and regulations andother vital informations that must be known to the public. However, the MarketSuperintendent may post the market rules and regulations either in English or Tagalogconcerning sanitation, the obligations of stallholders and vendors and all other rules andregulations affecting market operations and maintenance as he deem necessary under thecircumstances. He may furnish stallholders with a copy of such rules and regulations.

SECTION 84 MARKET PORTERS/ “CARGADORES” – All market porters or“cargadores” must register at the Market Enterprise Office and must always wear the I.D.issued by the Market Superintendent for proper identification.

SECTION 85 MARKET HOURS. The public market shall be opened from 2:00 amuntil 10:00 pm everyday during the year. Basement Parking Lot shall be opened at 5:00a.m. and be closed at 9:00 p.m. However this provision may be observed with tolerancein meritorious cases and as need arises.

CHAPTER VIIIRESTRICTIONS AND PROHIBITIONS

SECTION 86 LIMIT OF STALL AWARDED. No person shall be awarded or allowedto lease more than three (3) stalls. However in case of vacancy of space/s such vacantspace can be leased to the nearest stallholder in a manner provided under Section 25 and27 hereof. It shall be a violation of this section for one family consisting of the father,mother, sons and daughter to hold more than three (3) fixed stalls in the public market.Offspring who are independently living themselves from their parents however may holdstalls in the public market.

Likewise, no ambulant or transient vendor shall be allowed to occupy more thantwo (2) stalls per family and shall not possess the exclusive right or privilege or any claimwhatsoever over the space allotted. The Market Superintendent shall have the authority toeject any ambulant/transient vendor who violates any of the pertinent provisions of thisCode from the space occupied and shall also have the authority to permit anyambulant/transient vendor to occupy vacant space/s in the ambulant section and in themarket premises where ambulant vendors are allowed temporarily.

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It shall be the duty of the Market Superintendent to see to it that the abovementioned limitations are strictly observed. Any act discovered or found to be inviolation of said limitations, shall immediately be acted upon by the MarketSuperintendent and shall impose the corresponding penalty to violators in accordancewith the provisions of this code.

SECTION 87 CONSTRUCTION/ALTERATION OF STRUCTURE PROHIBITED.No lessee shall remove, construct, extend or alter the original structure, electrical wiringor water connection of any stall without prior permit from the MMC. Structure alterationsor connections done shall be summarily removed or destroyed by the duly authorizedagents of the City Government.

SECTION 88 NATURE OF BUSINESS. No stallholder or market vendor shall beallowed to use or engage in business on the occupied stall other than what is stipulated asNature of Business in his/her Business Permit.

SECTION 89 SKINNING AND SLICING OF FISH. No skinning, cutting, slicing orevisceration of fish shall be allowed on table where it is being displayed for sale, in thepremises of the public market except in the area specifically designated for the purpose.

SECTION 90 SALE OF MARINE PRODUCTS. Only fresh, live and wholesome fishand marine products or dried, salted, smoked or fermented fish and marine productswhich are safe for consumption shall be sold.

SECTION 91 USE OF FOAMS OR CONTAINERS. Every vendor of fresh fish orother aquamarine products shall be allowed only one (1) foam or container with adimension of two (2) feet by four (4) or its equivalent wherein he/she shall store productsfor sale. Vendors of other items or articles shall not be allowed to use any area of themarket building as storage or bodega spaces for items which cannot immediately be soldor disposed. Market management shall see to it that only reasonable items of stallholdersor vendor are stored in his/her stall to ensure the uncongested public market premises andfacilitate observance and enforcement of sanitation rules and regulation. One foam orcontainer for every stall shall be required.

SECTION 92 PEDDLING AND HAWKING. No persons shall peddle; hawk to sell anyarticles in the passageways, stairs or aisles of the public market.

The peddling or sale of foodstuff which deteriorate easily like meat or fish outsidethe market site or premises is hereby strictly prohibited unless such sale is authorized bythe Sangguniang Panlungsod in business establishments which meet its standards.

SECTION 93 DISPENSING OR SERVICING AND DRINKING OFINTOXICATING LIQUORS. No person shall drink, serve or dispense liquor or anyintoxicating drink or substance within the premises of the public market. Any violationhereof shall be ground for the revocation of the stallholders license or lease award.

SECTION 94 LOAFING OR LITTERING AND GAMBLING IN THE MARKETPREMISES PROHIBITED. No person who does not have legitimate business ortransactions in the market shall be allowed to idly sit, lounge, walk, lie, tarry, loaf orloiter in or about the premises of the market. No person shall likewise be permitted tosolicit alms, voluntary contributions or tossing or carol for handouts within the marketpremises. Maintaining a gambling den is strictly prohibited within the market premises.

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SECTION 95 LOOSE OF ASTRAY ANIMALS BANNED. No animals shall be leftastray in the premises of the market. Local market authorities or their agents are herebyempowered to catch such astray animals and impound them in the proper place.

SECTION 96 DWELLING IN MARKET PREMISES PROHIBITED. In no caseshall a stallholder or outsider convert the stall or any portion of the market premises intopermanent or temporary dwelling place. Any violation hereof shall subject the violator tothe revocation of his/her license to lease award if he/she is a stallholder or the summaryejectment from the market premises in the case of outsiders.

SECTION 97 STORAGE OF HIGHLY COMBUSTIBLE, TOXIC ANDPOISONOUS MATERIALS PROHIBITED. No stallholder or individual shall beallowed to store gasoline or any highly combustible material such as fire crackers and thelikes, toxic, and poisonous substances within the premises of the public market.

SECTION 98 COOKING. Cooking of food inside the public market is strictly prohibited.Hating of food to be served in the eatery section may be allowed, but subject to theapproval and strict regulation of market authorities to prevent fire hazards in the marketpremises.

SECTION 99 ILLEGAL ITEMS. Sale of illegal items such as pirated compactdisc(CD), unlabelled drugs, “hot meat” among others shall be strictly prohibited at theSPCSMPM and its vicinity.

SECTION 100 RULES OF CONDUCT. The Sangguniang Panlungsod shallpromulgate such rules of conduct as may be applicable within the market premises/vicinity/zone to render efficient and effective market management and operations.

CHAPTER IXPENAL PROVISIONS

SECTION 101 SURCHARGES. Any stallholder who fails to pay the monthly rent ofstall he/she is occupying shall pay a surcharge of twenty-five (25%) percent and a two(2%) percent interest per month accrued to the principal of the rent due until fully paid.

SECTION 102 FINES/IMPRISONMENT/CANCELLATION OF LEASE ANDEJECTMENT. Unless otherwise defined in the preceeding chapters, any violation ofthis Ordinance shall be penalized with a fine not exceeding two thousand five hundredpesos (P2,500.00) or imprisonment not exceeding thirty (30) days or both at thediscretion of the court and shall be sufficient cause for the revocation or cancellation of astallholder’s lease right or vendor’ privilege to occupy a stall in the market and his/herejectment therefrom.

Any such stallholder or vendor whose lease right or privilege of occupancy hasbeen cancelled or revoked or who has been ejected from the stall he is leasing oroccupying in the public market shall be banned from leasing or occupying any stall in themarket in the future.

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CHAPTER XTRANSITORY PROVISIONS

SECTION 103 The San Pablo City Public Market shall be opened only for the differentmarket sections as per Market Sectioning Plan. However, the Market ManagementCommittee may allow the sale and vending of other items or articles not included in thesectioning plan on vacant spaces within the premises of market.

CHAPTER XIFINAL PROVISIONS

SECTION 104 REPEALING CLAUSE. All ordinances, rules and regulations or partsthereof inconsistent with any provision/s of this Ordinance are hereby repealed ormodified accordingly.

SECTION 105 SEPARABILITY CAUSE. Any part or provision of this Ordinance thatmay be found and declared illegal, ultra vires or unconstitutional shall not affect the otherparts or provisions thereof, which shall remain in full force and effect.

SECTION 106 EFFECTIVITY. This Ordinance shall take effect upon its approval.

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