AMENDED TOURISM CODE OF MARIKINA CITY

Citv GoYGmm.nl ol Marlkina GSO lacords Manroamanl DiYl3ion Documcnt Trrcklno Svrt.m l||lil11il1ililil1ll]lililil]r ()38197 Brpuhtika ng PilipitrsE SANGGUNIANG PANLUNGSOD NG MARIKINA TMCTIYCoUNCTL PR-ESENT: HON. MARK ALBERT J. DEL ROSARIO City Councilor/ Acting Presiding OIfi cer HON. RONNIE S. ACI.TNIA City Councilor HON. FRANKIE C. AYIJSON City Councilor HON. JOSEPH B. BANZON City Councilor HON. WILL1E N. CHAVEZ City eouncilor HON. MARIO M. DE LEON City Councilor HON. SAMUEL S. FERRIOL City Councilor HON. EVA AGUIRRE.PAZ City Councilor HON. TH,ADDEUS ANTOMO M. SANTOS, JR. City Councilor 2M DISTRICT: HON. ARIEL V. CUARESMA City Councilor HON. PAUL B. DAYAO City Councilor HON. XYZA DIAZEN-SANTOS City Councilor HON, ERNESTOM. FLORES City Councilor HON. SUSANP. MAGTUBO City Councilor HON. ROMMEL F. ORTZ City Councilor HON. RUBENR. REYES City Councilor ON OFFICIAL BUSINESS: HON. JOSE FABIAN I. CADZ, M. D. City Vice-Mayor SECTORAL REPRESENTATIVE: HON. LEVYDL. DE GUZMAN ABC PresidenV City Councilor ORDINANCE NO. 065 Series of 2015 ORDINANCE AMENDING ORDINANCE NO.55 SERIES OF 20ffi ENTTTLED: i.ORDINANCE ADOPTING THE TOURISM CODE OF 20ffi" Sponsored by: Councilor WILLIE N. CEAVEZ Co-Sponsored by: Councilor RONNIE S. ACUiIA Councilor FRANKIE C. AYUSON Councilor JOSEPH B. BANZON Councilor ARIEL V. CUARESMA Councilor PAUL B. DAYAO Councilor MARIO M. DE LEON Councilor MARKALBERT J. DEL ROSARIO ,alf Poge 02 of 23 (Hinonce No. 065 Series of 201 5 Councilor XYZA DIAZEN-SANTOS Councilor SAMUEL S. FERRIOL Councilor ERNESTO M. FLORES Councilor SUSANA P. MAGTUBO Councilor ROMMEL F. ORTIZ Councilor EVA AGUIRRE-PAZ Councilor RUBEN R REYES Councilor THADDEUS ANTONIO M. SANTOS, JR And Vice'Mayor JOSE FABIAN I. CADIZ, M. D. BE IT ORDAINED, AS IT IS HER-EBY ORDAINED, by the CITY COUNCIL OF MARIKINA, in session duly assembled, that: CHAPTERI GENERAL PROVISIONS SECTION l. TITLE. - This Ordinance shall be known as the "Tourism Code of Marikina". SECTION 2. SCOPE. - This Ordinance shall govem and regulate tourism development and promotion prognms of and within the City of Marikina, including the licensing, registration, rggulation and supgrvision of the operations of tourism oriented/related establishments. It shall apply to all hotels, restauftmts, tourist inns, pension houses, motorist hotels, homestays, dormitories, apartels, travel agencies, operators/organizers, tour guides, professional congress, tourist mnsport sewices, organizations, and other similar tourism oriented/related establishments whose operation is domestic or international in scope. SECTION 3. DEFINITIONS. - For the purpose of this Ordinance, the terms and phrases enumerated in this Section shall be construed or interpreted to mean or refer to, as follows: (a) APARTMENT-HOTEL (APARTEL) - any building or edifice containing several independent and fumished or semi-fumished apartments, regularly leased to tourist and travelers for a period ofnot less than one day. (b) ASSOCIATION - an organization of persons/entities having the subject of tourism as a common interest. (c) BAR (KTY/Videoke), COCKTAIL LOUNGE - Bars are establishments where intoxicating and fermented liquors or malt are sold in addition to cooked food, it may also feature videoke entertainment or live bands. A Karaoke Bar is considered a place where guest relations officers are available to entertain customers. Customers may sing rendered by the karaoke machine. Patrons are served with foods and drinks and arc allowcd to sing with their partners. A Cocktail Lounge or Beer Garden is considered a bar even ifthere are no hostesses or waitresses to entertain customers. (d) BPLO - Business Permits and Licensing Oflice. (e) CITY - The City Government of Marikina. . /r(s i Page 03 of 23 Minance No- 065 Series of 2015 (0 COIMNIENCE STORE - refers to any 24-hour service counter retail outlets. (g) DOT - Department of Tourism. (h) DEPARTMENT STORE - a store which sells or carries several lines of merchandises in separate sections or departments including one devoted to nativ e' F i I ip iniana ilems. (i) GYM - refers to fitness centers. 0) HOTEL - any building, edifice or premise which offers a venue for receptions, functions, seminarVconventionVforums, accommodations or lodging of travelers or tourists for a fee. (k) INBOUND TOUR - a tour of the Philippines or any place within the philippines. (l) INLAND RESORT - resort located within the town proper or city. (m)LICENSE - the privilege or authority granted by the BPLO to own, operate, manage and maintain a tourist establishment. (n) LTFRB - Land Transportation Franchising and Regulatory Board. (o) LTO - Land Transportation Office. (p) MALL - an enclosed building where different kinds of shopping establishments are located. (q) MCTCAO - Marikina City Tourism Culture and the Arts Office. (r) MOII{EY CHANGER - an establishment that exchanges foreigr currencies. (s) MOTORIST HOTEL - a lodging inn for tourists and travelers joumeying by automobiles- (t) MUSEUM/GALLERY - refers to institutional establishments where a collection of valuable objects and artifacts on history and culture, arts and sciences are put on exhibition for the general public. (u) NIGHT OR DAY CLUB - includes any place frequented at night-time or daytime, as the case may be, where patrons are served food and drinks and are allowed to dance with their partners or with professional dance instructoryhostesses fumished by the management. (w)PENSION HOUSE - a private or family-oriented tourist boarding house or tourist lodging house, employing non-professional domestic helpers, regularly catering to tourist and/or travelers, containing several independent lettable rooms, providing common facilities such as toilets, bathroomsi showers, living and dining rooms and/or kitchen and where a combination ofboard and lodging may be provided. (x) PTA - Philippine Tourism Authority. .6lc I' Page 04 of 23 (Mirunce No. 065 Series of 2015 (y) RECREATIONAL AND AMUSEMENT FACILITIES - include arcade, computer games, internet and web surf, casino games. (z) REGISTRATION - the listing of tourism-oriented and tourism-related establishments, including those offering training and promotion progmms, after such establishments and facilities have been certified by the City Govemment of Marikina, through the MCTCAO as having conformed with the minimum standards/requirements in accordance with this Ordinance. (aa) RESORT - any place or places with a pleasant environment and atmosphere conducive to a comfortable, healthful relaxation, offering food, sleeping accommodations and recreational facilities to the public for a fee. (bb) RESTAURANT, KIOSIG FASTFOODS, FOOD STALLS f,ATERY - any establishment offering to the public regular and special meals or menu, catered cooked foods or short orders, wrapped to go, beverages and drinks. (cc) SHOP - a small retail establishment specializing in Filipiniana or other sp€cialized items and souvenir products. (dd) SPA - refers to establishments which offer complete relaxation to its clients for beauty and wellness. (ee) SPf,CIAL INTERf,ST RESORT - refers to resorts providing facilities and equipment for the conduct of special interest activities, wildlife observation and bird watching, backpacking, camping, trail riding (either motorized or horseback), target shooting and hunting, and theme parks. SPORTS AND RECRLATIONAL FACILITIES establishments/resorts providing sports and recreational facilities such as, swimming pools, bowling lanes, tennis courts, pelota or squash courts, golf course, riding range, shooting range, archery range, aquatic/water sports arrangement, fishing, water skiing and similar facilities forming part ofthe resort. (gg) SUPER CLUB - includes any establishments where food and drinks are served to its patrons, with musicians or jukeboxeVrecord players installed within its premises, and where patrons may dance with their companions. (hh) TENAI\IT - any tourist or traveler who is registered as paying occupants of any apartment-hotel (ii) THf,ATERS AND CII\EMAS - refers to establishments used as venue for the performing arts or where motion pictures are shown. CIj) TOUR GUIDE. - an individual who is licensed by the BPLO and registered with the MCTCAO to guide tourists, both foreign and domestic, for a fee, commission or (kk) TOURISM-ORIENTf,,D ESTABLISEMENT - any establishment which caters directly to domestic and foreign tourists and is required to be registered with the MCTCAO. . .drt Page 05 of 2J (hdinaace No. 06J Seria of 20t S (ll) TOURrSM-RELATED ESTABLISHMENT - any esrablishment or enterprise which caters incidentally to both foreign and rocal travelers and tourists. (mm) TouRrsM TRATNING PROGRAM - any training program that caters to the tourism industry. (nn) TouRrsr IllN - a lodging establishment that caters to local and foreigr tourists, but does not meet the minimum requirements of an economy hotel. (oo) TouRrsr LAND TRANSPORT UNIT - any vehicle, carriage or conveyance moving on wheels or tunnels used on public roads and highways and catering to tourists. (pp) TouRrsr TRANSPORT OPERATOR - a person or entity which may either be a single proprietorship, partnership or corporation, regularly engaged in providing for a fee or lawfr.rl consideration, tourist transport se*ices as hirJinaftei defined] either on charter or regular run. (qq) TRAVEL AGENCY. - an entity which may either be a single proprietorship, partnership or corporation regularly engaged in the business of'exiending io individual or groups, such services pertaining to documentation of travel paftn, ticketing, sales and/or accommodation, handling and./or conduct of tours wiihin o; outside the Philippines whether or not for a fee, commission or any form of compensation. (n) WINE AND LIQUOR STORE. - includes the selling, giving away or dispensing of any intoxicating malt, vino, mixed or fermented liquors at any retail outlet. CHAPTERII SUPE,RVISION AND CONTROL SECTION 4. THE OFFICE OF THf, CITY MAYOR - The City Mayor as the local chief executive shall be the chief operating officer of all tourism programs of the City of Marikina. He/She shall designate the chairperson/s of all institutionalized government tourism programs which are observed and celebrated yearly, traditionally or regularly in the City. SECTION 5. THE MARIKINA CTTY TOI]RISM CULTUR.E AND TEE ARTS OFFICE (MCTCAO). - For purposes of implementation of the provisions of this Ordinance, technical and administrative duties and functions shall be performed by the Marikina City Tourism Culture and the Arts Office (MCTCAO). It is tasked to formulate tourism related projects/programs in the City of Marikina. The MCTCAO shall perform the following functions: (a) Conduct registration of tourism related/oriented establishments, tourist transport units, travel agencies, travel tour operators, accommodations and travel tour seryices; (b) Conduct registration of tours (l,akbay-Aral by schools, local govemment units, private corporations, etc.); ,td^ Page 06 of 23 (Ninance No. 065 Series of 2015 (c) Require the use of tour guides for all registered tours; (d) Require accreditation and regulation of city tour guides; (e) Conduct seminars and trainings for tour guides personne l/staff of tourist oriented./related establishments, as well as for drivers of taxis, pedicabs, tricycles, jeepneys, buses that convey tourists, in coordination with the City Transportati on Management and Development Oflice; Conduct tourism summits and other tourism related activities; (g) Conduct information dissemination on tourism awareness; (h) Desigrr tour packages, provide incenrives, fieebies, brochures or kits for tourists; Design and issue a Seal of Registration/Slogan for tourism estabrishments; o For and in behalf of the city govemment, solicit donations, gnnts, and other form of assistance in relation to the establishment, improvement and design oftourism related structures, facilities, programs, projects and studies; (k) Perform other tasks in relation to tourism promotion and development; and Conduct study related to tourists. The Head of the Marikina city Tourism culture and the Arts office (MCTCAO) shall work with the offrce of the city Mayor on the promotion of tourism related projecb. He/she shall be assisted by a City Tourism Officer who shall closely coordinate wittr ditferent offices in regards to the implementation of tourism projects and programs in the City. SECTION 6. THE COMMITTEE ON TOURISM AND CULTURAL AFFAIRS IN TIIE SANGGUNIANG PANLUNGSOD. - The Committee on Tourism and Cultural Affairs shall be responsible for introducing legislative measures conceming the promotion oftourism in the City of Marikina as well as regarding regulation and standardizafion of tourism-related establishments. SECTION 7. TEE CITY TOURISM COUNCIL - There is hereby creatd a City Tourism Council which shall be the partner of the Marikina City Tourism Culture and the Arts Oflice and the Deparfrnent of Tourism in the policy making, regulating promoting, and coordinating of tourism programs and activities of the city. The Council shall meet regularly once a month and call for an emergency meeting as the need arises in the presence of its chairman and its members who shall constitute a quorum and their acts deemed as official. The Council shall have the following duties and responsibilities: (a) Formulate and recommend to the City Mayor policies and programs aimed at promoting the tourism industry in Marikina City; (b) When public interest require upon recommendation of the MCTCAO, authorize special inspections by the composite inspection team or any member thereof, to tourism establishments; (c) Perform other duties and responsibilities as maybe required by law or this ordinance. Composition - The Tourism Council shall be composed of the following: Chairperson : City/Municipal Mayor Vice-Chair : Chairperson of the City Council Committee on Tourism and Cultural Affairs Members Head of the Marikina City Tourism, Culture and the Arts Office Head of the Marikina Trade Office Planning Officer Three [3] Representatives from Tourist-Oriented Establishments operating in Marikina City. dt Page 07 of 23 Adiaaace Na 065 Seies of 2015 Chairperson of the Arts Council of Marikina City Tkee [3] Representatives from Tourist-Related Establishments operating in Marikina And such other representatives from either the public or private organizations as selected by the Chairperson as deemed necessary. III CEAPTf,,R GOYERNMENT TOURISM PROGRAMS, SPECIAL EVENTS, FACILITIES, PARXS, INSTITUTIONS, INFOR-IVIATION CENTERS A. GOVERNMENT TOURISM PROGRAMS AND SPECIAL EVENTS SECTION 8. GOVERNMENT-SFONSORED TOURISM PROGRAMS AND SPECIAL EVENTS. - The City Government hereby establishes and recognizes annual/regular govemment-sponsored tourism programs and special events as follows: Month (a) Arts - February Festival (b) Ka-Angkan - third week ofApril Celebration (c) Marikina Day - April 16 Festival (d) Christian - Holy Week (April/May) Bayan (e) Pista ng - Second Sunday ofMay Antipolo (0 Ahunan sa - Second Monday ofJune Pambansa (g) Buwan ng Wikang - August Festival (h) Sapatos - October-November Anniversary (0 Cityhood - December 8 Festival O Christmas - December Celebration (k) Rizal Day - December 30 (l) Other Special EventVprograms sponsored by the City of Marikina that promote arts, culture, trade and tourism. B. GOVERNMENT FACILITIES. PARXS, INSTITUTIONS AND TOURISM INFORMATION CENTERS SECTION 9. PROMOTION OF PARKS, INSTITUTIONS AND TOURISM IIYFORMATION CENTERS. - The City Government shall promote the following govemment tourist spots and instituti ons: (a) SentrongPangkultura (b) Teatro Marikina (c) Shoe Museum (d) Marikina Trade Fair (e) Freedom Park (f) Marikina River Park (g) Marikina Sports Park (h) Marikina Hotel (i) Marikina Public Library fi) Marikina Public Market (k) Marikina City Hall (l) Parks & Playgrounds (Barangays and Subdivisions) SECTION 10. GOVERNITENT TOURISM INFORMATION CENTERS The Citv Govemment shall establish Tourism Information Centers in the following strategic areas: . .df Page 0E of 23 Minaace No. 065 Serics ol 2015 (a) Shoe Museum (b) Marikina Sports Park (c) Healthy Lifestyle OfIice (d) Barangay Halls, and (e) Other locations, areas or establishments as may be deemed appropriate for the pwpose CHAPTER IV FEES AND OTHERCEARGf,S FOR TIIE USE OF GOVERNMENT FACILITIES SECTION 11. ENTRANCE FEES. The City Govemment hereby imposes fees for enty to tourist spots in the City, as follows: I ) Shoe Museum -Php 50.00 per person 2.) Teatro Marikina (a) Cinema nighrs - Php 50.00 per person (b) Lakbay Aral Skits/AVP - Php 50.00 per person (c) Regular-in-house shows plays/concerts - Php 75.00 per person SECTION 12. RENTAL FEES. The City Govemment hereby imposes various rates of fees for the use of govemment tourism establishments: L) Marikina Rondalla a. Rental Rates . Marikina Residents - Php 3,000.00 for a maximum rendition of three (3) hours and additional Php 1,000 for every succeeding hour. . Non-Marikina Residents - Php 7,000.00 for a maximum rendition of three (3) hours and additional Php 1,000.00 for every succeeding hour. 2.) Teatro Marikina: a. Revenue Generating Events (plays, concerts, paid seminars, etc.) . Gala Show (Monday-Thursday) - Php 20,000.00 for the first three (3) hours and additional Php 5,000.00for every succeding hour. (Friday-Sunday) . Gala Show - Php 25,000.00 for the first three (3) hours and additional Php 5,000.00for every succeeding hour. . Matinee Show (Monday-Thursday) - Php 15,000.00 for the first three (3) hours and additional Php 3,000.00for every succeeding hour. . Matinee Show (Monday-Thursday) - Php 20,000.00 for the first three (3) hours i Page 09 of 23 Minance No. 065 Series of 201 5 and additional Php 3,000.00for every succeeding hour. b. Non-Revenue Generating Events (graduation, prayer rallies, etc.) - Php 15,000.00 for the first three (3) hours and additional Php 3,000.00for every succeeding hour. c. Rental Fees for the Private Us€ ofthe following: . Lobby Area (special functions) - Php 10,000.00 for the first three (3) hours and additional Php 1,000.00 for every succeeding hour. . Lobby (exhibit area) - Php 7,000.00 per day w/ aircon (minimum of tkee days) Php 10,000.00per month without Aircon. . Lobby and Orchestra kvel - Php 20,000.00 per day (exhibits, trade shows ) . Orchestra Level only dout aircon - Php 17,000.00 per day stage area & exhibit area (meetings, seminars, and conferences ) d. Admission Fees . Cinema Nights - Php 50.00 per head . Regular in-house shows/ - Php 75.00 per head for plays/ concerts Use ofthe LCD projector - Php 2,500 for the first four (4) hours and additional Php 200 for every succeeding hour. - Additionalelectricalequipments - Php 500.00 per item/equipment to be plugged during the event. 3.) Kapitan Moy (Sentrong Pangkultura) a. Bulwagang Bayani - Php 15,000.00 for the first four (4) hours (with air-condition, chairs, tables, and sound system), and additional Php 500.00 for every succeeding hour. . For video/film production - Php 20,000.00 for the first four (4) hours, and additional Php 1,000.00for every succeeding hour. . Photo shoot - Php 500.00 per hour , .f(o Page 10 of 23 Niaance Na 065 Seri6 of 2015 . Additional electrical equipment Php 500.00 per item/equipment to be plugged during event . Garbage Fee - Php 500.00 . Corkage Fee - Php 500.00 for non-accredited/registered caterers b. Patio - Php 3,500.00 for the first four (4) hours, and additional Php 500.00 for every succeeding hour. . For video production - Php 3,500.00 for the first four (4) hours, and additional Php 500.00 for every succeeding hour. . Photo shoot - Php 500.00 per hour . Additional electrical equipment - Php 500.00 per itemlequipment to be plugged during event c. Lobby Area - Php 2,000.00 per day d. Use of LCD projector - P2,500.00 for the first four (4) hours, and additional Php 200 for every succeeding hour. SECTION I3, OTIIER FEES/CHARGES. a. Marikina Postcard -Php 10.00 b. Marikina Coffee Table Book - Php 1,000.00 c. Teatro Marikina Naming Rights - Php 2,000,000 (including terms for two (2) years and condition ) d. Lakbay Aral - Php 150.00 per head CHAPTERV CLASSIFICATION OF TOURISM ESTABLISHMENTS SECTION 14. All tourism establishments/activities in the City of Marikina must be classified, accredited, registered and regulated in accordance with the Rules and Regulations promulgated by the Departrnent of Touriim on 20 April 1992 and 26 August 1992, and published in the s-upplement of the offrcial Gazette, volume 89, No. 20 dated l7 May 1993. Said establishments .do Pqe ll of 23 Ordinance No. 065 Series of 2015 must likewise comply with existing local laws, rules and regulations covoring their business operations in the City. CHAPTERVI INCENTIVES FOR REGISTERED TOURISM ESTABLISHMENTS Sf,CTION 15. INCENTN'ES FOR REGISTRATION OF TOURISM-ORIENTED - ANI) TOURISM-RELATED ESTABLISEMENTS.- Tourism-oriented and tourism-related establishments which are duly registered and licensed by the City Govemment shall be entitled to the following incentives: (a) "One-Stop-Shop" processing of registration and license which should be completed within a period of3-5 days [but not to exceed seven (7) days]. (b) Free promotion in all publications/ brochureV tourism flyerV leaflets/ collateral materials issued by the City Government. (c) Free feature in the website managed by the City Govemment. (d) Inclusion in Lakbay-Aral Tours/tour packages. Registered tourism establishments will be part of the itinerary oftourists. (e)Inclusion/ priority to participate in certain festivals, trade shows, exhibits which are by nature by invitation only. (f1lnclusion to promote registered tourist-related establishments at Govemment Tourist Information Center/s. (g) Privileges in the use of selected govemment-owned facilities. (h) Incentives as provided under the Marikina Investment Code of2004 (i) Inceatives as provided by the Departrnent of Tourism. to or O Other support programs and incentives enhance promote tourism- orientedlrelated establishments. CEAPTERVII LICENSING AND REGISTRATION AI\D ANNUAL INSPECTION OF TOURISM- ORIENTED/REI-ATED ESTABLISIIMENTS/ ACCREDITATION OF TOTIRGUIDES SECTION 16. LICENSING OF TEE BUSINESS OF TOURISM-ORIENTED ESTABLISIIMENTS. - Any person, natural or juridical who keep, manage, or operate any building, edifice or premises, or a completely independent part thereof, for the purpose of engaging in a tourism-oriented business shall secure a valid license from the BPLO to operate the same. , rd Page 12 of 23 Adinance No, 065 Seri6 ol' 2015 tourism-oriented establishments shall register with the MCTCAO. For this purpose , the following are considered tourism-oriented establishments: a. Apartels b. Motels c. Hotels d. Pension Houses e. Resorts f. Tourist Inns g. Travel Agencies h. Tour Transport Operators i. Special Interest Resorts j Tour Guides/ Tour Guide Services SECTION 18. REGISTRATION OF TOIruSM-ORIENTED ESTABLISEMENTS - REQUIREMENTS. - Tourism-Oriented Establishments shall register with MCTCAO by submission of the following requirements: a. Duly accomplished application form with sworn declaration on the following: l. Place of business in Marikina City 2. Valid DTVSEC Registration 3. Compliance with nationality requirements 4. Compliance with capitalization and/or bond requirements 5. Name of Owner/s, Officers, Oflicials, and Employees, their desigrration, nationality, residence and valid visa from the Bureau of Immigration and DOLE permit for alien personnel 6. Joint Venture and/or Technological Assistance Agreements, if any, existing or proposed and about to be entered with foreign national/s 7. Schedule of current room rates, food and beverage prices of menu [if applicable] b. Proof of ownership/ valid contract of lease ofthe property where business is operated c. Certified Copy of a Liability Insurance compliant with the requirements of the particular business d. Valid LTO registration of tourist transport service vehicle and valid LTFRB Franchise [if applicablel e. Authority to File the Application for MCTCAO Registration f. Such other papers or documents as may be required from time to time pursuant to existing laws, ordinances and other legal issuances SECTION 19. WHO ARE AI.ITHORIZED TO SIGN THE APPLICATION FOR REGISTRATION AI\{D LICENSE. - In the filing of application for registration and license, the following shall be authorized to sign said application: (a) In the case of sole proprietorship, the owner thereof or his duly authorized representative. (b) In the case of partnership, one ofthe partners designated on a swom certification by all partners to sigrr the application. (c) In the case of corporation, the person named in the board resol ution as authorized to g Page 13 23 (Ninance No. 065 Seria of 2015 sign the application or person so designated in its byJaws. SECTION 20. ACCREDITATION OF TOUR GUIDES. All tour guides are hereby required to be accredited with the MCTCAO. Tour Guides must undergo training with any govemment acoredited training providers. Accreditation is renewable annually. Tour Guides of the City Govemment must possess the following qualifications: 1.) Bona fide resident of the City of Marikin4 2.) Fluent in speaking Filipino, English and other foreign languages; 3.) Physically and mentally fit; and 4.) Computer literate/Eeferably knowledgeable in foreign language; and. 5.) Preferably tourism gnduate. A fee of Tfuee Hundred Fifty Pesos (Php 350.00) shall be required for the use of tour guides of the City Govemment. SECTION 2I. R-EGISTRATION OF TOURISM-RELATED ESTABLISIIMENTS. - Tourism-related establishments may register with the MCTCAO. For this purpose, the following are considered tourism-related establishments a. Bars, Cocktail lounges, Night or Day Clubs b. Convenience Stores c. CongresVEven/Exhibit Organizers d. Departrnent Stores e. Gyms f Inland Resorts g. Malls h. Money Changers i. MuseumVGalleries j. Spo.ts, Recreational and Amusement Facilities k. Resorts, Special Interest Resorts l. Restaurants, Fastfoods, Food Stalls m. Shops n. Spas o. Theaters and Cinemas p. Wine and Liquor Stores q. And such other similar establishments SECTION 22. REGISTRATION OF TOURISM-RELATED ESTABLISIIMENTS - REQUIREMENTS. - Tourism-Related Establishments may register with MCTCAO by submission of the following requirernents: (l) Duly accomplished application form; (2) In the case of corporation or partnership, a certified true copy of the Articles of Incorporation, its By-Laws or Articles of Partnership and amendments thereof, duly registered with the Securities and Exchange Commission' and Business Name Certificate; in case of single proprietorship, Business Name Certificate and amendments thereof, if anY; (3) List of names of all officials and employees and their addresses; for alien personnel - valid visa from the Bureau of Immigration and the proper permit from the Department of labor and Employment; and "rr 0dinancc Na 065 Scri6 of 2015 (4) Such other requirements as may be requested and/or deemed nocessaq/. SECTION 23. DOCUMENTS/REQUIREMENTS TO BE STIBMITTED FOR THE RENEWAL OF REGISTRATION. - Application for the renewal of registration shall be supported by the following documents: (a) A copy of the amended Articles of Incorporation or Articles of Partnership and By- Laws, if any; (b) List and information sheets of additional personnel, if any, or any change in the manpower complement; (c) Latest Income Tax Retum and Audited Financial statements covering the preceding year's operation; Provided, that if this requirement is not available at the time of renewal, the same shall be submitted not later than 30 April of the current year; (d) A resolution of the Board of Directors authorizing the continuation of the business, (e) Proof of renewal of General Liability Insurance (additional requirements for resort and tourist iil/apartel); (0 Renewal of Surety Bond referred to in Section 20 (0, (l), (d) of additional requirements for tourist transport operation; (g) Copy of Previous Business License; (h) Barangay Clearance; and Previous Certificate of Registration. CHAPTERVtrI CERTIFICATE OF REGISTRATION/ Ff,ES SECTION 24. ISSUANCE OF CERTTFICATE OF REGISTRATION AI{D STICKER - (a) After having determined that all requirements set forth in the preceding Sections have been satisfied and/or completed by the applicant, the City Govemment through the BPLO and the MCTCAO shall issue the corresponding License and Certificate and seal of registration. (b) The MCTCAO shall adopt a seal (sticker) for registration purposes. SECTION 25. REGISTRATION FEES. - A registration fee shall be imposed on all tourism establishments, whether operating as principal, branch or extension office of the city, payable as followed without pre.iudice to the collection of taxes, fees and surcharges imposed under the existing laws, ordinances, regulafions and other local issuances. An annual registration fee shall be paid in accordance with the following schedule: TYPE OF ESTABLISHMENT REGULAR FEEIANNUM ACCOMMODATION HOTELS De Luxe Class Php 2,220.00 First CIass Php 1,980.00 Standard Class Php 1,650.00 Economy Class Php 1,100.00 .n Page 15 of 23 (hdinance No. 065 Seia of 2015 (2) TOURIST INNS Php 550.00 (3) APARTEL Php s00.00 (4) PENSION HOUSE Php 400.00 (5) MOTORTST HOTEL (MOTEL) Php 400 00 (6) DORMITORIES Php s00.00 (7) RESORT (Inland) Class AAA Php 2,200.00 Class AA Php 1,100.00 Class A Php 550.00 Special Interest Resort Php 550 00 TRAVEL AND TOUR SERVICES (8) TOUR TRANSPORT Tourist Bus Php 275.0Oiunit Coaster Php l65.00iunit Van Php 110.00/unit CarlTaxi PIP90.00/PERuNn (9) TOI,IR OPERATORS/TRAVEL AGENCIES Php 1,100.00 per annum (main) Php 550.00 per annum (branch) (10) TOUR GUIDES (with training) Php 500.00 per annum (11) PROFESSIONAL CONGRESS ORGANIZERS (Conventions, Seminars and others) Php I,000.00 per annum per organizer (12) EXIIBIT ORGANIZERS, EVENT SPECIALISTS (Theatrical Shows, Concerts, Car Shows) Php I,000.00 per annum per organizer TOURISM RELATE D ESTABLISHMENTS 13) ( Bars (Karaoke/KTV) Class A Php 1,s00.00 Class B Php 1,000.00 Class C Php 500.00 (14) Restaurants Specialty Restaurant Php 1,200 00 Fine Dining with Catering Php 1,200.00 Fastfood Php 700.00 Food Kiosk/Eatery/Wrap to go Php 2s0.00 (located in busy areas) (15) Shopping Malls Class A Php 1,200.00 .rrr Page 16 d 23 (Ninonce No. 065 Series of 2015 Class B & C Php 800.00 Specialty Shop Php 500.00 (selling imported goods and foods) 16) Theaters/Cinemas ( Php 800.00 (17) Stores Wine/Liquor Php 800.00 8) ( I Recreational and Amusement Facilities Php 500.00 (offtrack, pool, billiard, computer rental) (19) Money Changer Php800 00 (20) Museum/Gallery Php500.00 (21) Rest AreaVConvenient Stores Php 700 00 (22) Sundry/SouvenirShops Php 700.00 (23) Flower Shops, Boutiques, Barber Shops (located inside the premises of malls and hotels) Php500.00 (24) Health and Fitness (Massage Parlors, Reflexologists, Gym) Class A Php 1,000 Class B & C Phps00.00 TOURISM Rf,LATED PROGRAMS Php 5ffi.fi) (caters to hotels and motels concerning trainors - training programs, e.g., housekeeping, waitering and bartending' talent centers and talent management) SECTION 26. VALIDITY OF CERTIFICATE OF REGISTRATION. - The Certificate of Registration oftourism-oriented and tourism-related establishments shall be valid for one year. CHAPTERD( ANIruAL INSPECTION/ COMPOSITE TEAM SECTION 27. ANNUAL INSPECTION. - The MCTCAO shall conduct the annual inspection of tourism establ ishments applying for new registratior/renewal thereof. The purpose of the said inspection is to find out whether the establishment conforms with the standards set forth by law or Ordinance. The inspection shall be conducted at a reasonable time ofthe day with due regard and respect accorded to the privacy ofthe guests. SECTION 28. CREATION OF A COMPOSITE INSPECTION TEAM. - A Composite Inspection Team is hereby created to be composed ofthe following: (a) MCTCAO - Head of the team (b) Business Permit and Licensing Office (c) City Health Offtce (d) PNP Marikina Poge 17 of 23 (Ninance No. 065 Seria of 2015 (e) The Barangay Government where the establishment is located (f) City Engineering Oflice (g) City Fire Department (h) Department of Tourism SECTION 29. FUNCTIONS OF THE COMPOSTIE INSPECTION TEAM. - The Composite Inspection Team may be called upon to conduct special inspection of tounsm establishments for the purpose of veri$ing compliance with the requirements of this Code and other existing laws. SECTION 30. SPECIAL INSPECTIONS. - When public interest so requires, the recommendation of the MCTCAO may serve as basis for an authorization for the Composite Inspection Team or any member or members thereof, to conduct a special inspection. SECTION 31. CHECKLIST TO Bf, ACCOMPLISHED DURING INSPECTION. - The MCTCAO shall provide the necessary checklist to the team in carrying out its inspection. All findings and/or obsewations ofthe team to be indicated in the checklist shall be provided to the representative of the establishment/s present during the inspection. Subject to existing rules and regulations, the Composite Inspection Team shall have access to the registry book or card of the tourism establishments and all parts and facilities thereof, and the right to interview any employee and investigate any fact, condition, or matter which may be necessary to determine any violation or aid in arriving at ajust and correct conclusion. SECTION 33. REPORT OF TEE COMPOSITE INSPECTION TEAM. - Within five (5) days Aom the date of inspection, the composite inspection team must have completed its report on its findings and/or recommendation. The report must be submitted by the MCTCAO to the office olthe local chiefexecutive. SECTION 34. DEFECTS AND DEFICIENCIES FOUND DURING THE INSPECTION. - Where certain defects or deficiencies have been found in the course of inspection, the MCTCAO shall give directions to the manager/operator of the tourism establishments concemed to rectifi/remedy the defects or deficiencies within a period ofone week from notic€ thereof. SECTION 35. EXTENSION OF TEE PERIOD. - For good cause, the period within which to remedy the defects or deficiencies noted may be extended, but in no case shall the period of extension granted exceed two (2) months. A. COMPLIANCE WITE CITY ORDINANCES SECTION 36. COMPLIANCE WTTE CITY ORDINANCES AND OTIIER LAWS. - AII tourism related/oriented establishments must comply with City Ordinances pertaining to, among others: (a) Sanitation (b) Zoninglset-back/parking (c) Regulation on the use, operation and construction of "VIP rooms" inside videoke/KTV bars, intemet cafes or computer rental shops/computer gaming centers. (d) Regulation of establishments catering to minors - 'dT Page lE ol23 (Ninanre No. 065 Seria of 2015 Likewise, all tourism oriented/related establishments must comply with the National Building Code and other national laws. SECTION 37. DISPLAY OF CERTIFICATE OF REGISTRATION. - The Certificate of Registration and License shall be displayed in a conspicuous area in their place of business. Stickers shall be posted in entranceVdoors, gates of such establishments for easy identification purposes. OF - B. REGISTRATION GUESTS RESORT/HOTEUAPARTEI/TOT]RIST INN/PENSION HOUSE/LODGf, SECTION 3E. REGISTRY. - Resort/HoteUAparteUTourist Inn/Pension House/Lodge shall keep a registry or record book. All guests/visitors seeking accommodations shall be required to register the following particulars in the registry and/or record book: (a) His/Her Full Name; (b) Particulars of any identity card, passport or other travel documents issued to him/her; (c) The place of his/her origin and his/her permanent, regular or known address; (d) The probable duration ofhiVher stay and hiVher intended destination; (e) The occupation and place of employment; (f) His/her nationality; and (g) The hour and date ofhiVher arrival. OF OF C. IDENTIFICATION CARDS PERSONI\IEL TOURISM-ORIENTED ESTABLISIIMENTS SECTION 39. REQUD,ST FOR CIIY TOURISM IDENTFICATION CARDS. - The City Tourism Identification Cards may be issued to employees of tourism establishments upon request subject to payment of Fifty Pesos (P50.00) per I.D., to be renewed annually; provided, that said employees are included in the list of personnel ofthe tourism establishment concemed. The I.D. must be surrendered to the MCTCAO upon separation from work within 72 hours from separation. D. TRAINING Otr'STAFF SECTION 40. TOtruSM TRAINING PROGRAMS. - All tourism establishments shall provide a staff training program, accredited by the Department of Tourism or the City Govemment, desigred to acquaint each member of the staff of his/her duties and responsibilities to the end that such member will know what is expected of him/her. E. RECLASSIFICATION OF IIOTELS. SECTION 41. RECOMMENDATION FOR PROMOTION/DEMOTION. - A hotel may be recommended for promotion or demotion from one class to another as the facts may warrant. Any hotel which has upgraded its facilities and services among others, to comply with the requirements of a higher class hotel, may apply with the MCTCAO for recommendation promotion to such higher class. The MCTCAO shall submit the recommendation to the DOT for approval. Conversely, where after due investigation by the Composite lnspection Team, it has been established that a hotel is not being kept or managed in a manner conformable to the established standards, the MCTCAO shall give notice to the hotel manager/operator or such fact granting the hotel a period of time stated in the notice within which to comply with the reguired_ .,if (hdinance Na 065 S.ries of 2015 standards. If the hotel fails to comply within the period granted in the notice, the MCTCAO shall submit its recommendation to the DOT for a demotion of the class of the hotel. F. TRANSPORTATION RATES (TOURIST TRANSPORT). SECTION 42. APPLICATION FOR INCREASE OF TRANSPORTATION RATES.. AII applications for the increase of transportation rates shall be filed before and approved by the LTFRB. G. REGULATION ON TOURIST TRANSPORT OPERATIONS. SECTION 43. TOURIST TRANSPORT SERVICE. - Tourist transport service shall be offered on a reguliu point{o-point run and shall be priced at rates higher than those charged by public utility operators for the same route. The points of departure and destination ofa tourist transport regularly plying a route shall be a hotel, resort, or such similar tourism facility and picking up or unloading of passengers in between such point is prohibited. SECTION 44. CIIARTER RATES. - A tourist transport operator shall charge only charter rates as previously approved in accordance with these nrles. SECTION 45. REGULAR RUN ON PUB ROUTES. - Where a tourist transport operator makes a regular run and it is the only available transportation service being offered, it may be allowed to run on public utility bus routes; Provided that there is a prior approval by the LTFRB under conditions and requirements it may prescribe. H. SCHEDULEOFCHARGES. SECTION 46. FILING OF SCEEDULE OF CHARGES. - Tourist establishments shall file with the MCTCAO and shall readily make available in printed or mimeographed form a schedule of charges on all services and relaled fees. Any change in the charges shall be communicated with the MCTCAO within seven (7) days from the effectivity of such charges. I. PRECAUTIONARY MEASURES. Sf,CTION 47. PRECAUTIONARY MEASURES. - Management shall post sufficient and visible signs in strategic areas of the cocktail lounge/night clubs/bars to wam and/or inform guests and customers of the rules and regulations, fire exit guidelines, including hours of operation, to observe while inside the premises. J. PROHIBITED ACTS AJ\D PRACTICES. SECTION 48. PROEIBITED ACTS AI{D PRACTICES. - Cocktail lounge, nightclub and bar owners shall keep their premises clean and shall adopt their own anti-littering me,rsures. Cocktail lounge, night club, and bar owners/operators shall not allow gambling ofany form and disorderly conduct of any kind in their premises. GuestVcustomers wearing saadcr and slippers shall not be allowed to enter. Firearms and deadly weapons are strictly prohibited inside the premises. , Page 20 of 23 (hdiaance No. 065 Series of 2015 CHAPTERX CLOSURE OF TOTruSM.ORIENTED OR RELATED ESTABLISHMENTS, IMPOSITION OF FINE, FORFETTURE OF BOND, SUSPENSION, CANCELI-ATION AND/OR NON-RENEWAL OF LICENSE. SECTION 49. GROUNDS FOR TEE CLOSURE OF TOURISM ESTABLISHMENTS, IMPOSMION OF FINES, FORFEITUR-E, OF BOND, SUSPENSION, CANCELI,ATION AND/OR NON-RENEWAL oF LICENSE. - The composite Inspection Team shall recommend the closure of tourism establishments on the following $ounds: a. Making any false declaration or statement or making use of any such declaration or statement or any document containing the same or committing fraud or any act of misrepresentation for the purpose of obtaining the issuance, grant or renewal of any certifi cate of accreditation/re-accreditation or license; b. Failure to comply with or contravene any of the conditions set forth in license; c. Failure to meet the standards and requirements for the operation of tourism establishments, as prescribed in these rules, d. Serious physical injury or loss of life ofany guest due to the fault or negligence of its ofticial or employee (for resort/hoteVtourist inr/apartel/other tourism-related establishments), e. Allowing or permitting the tourism establishment, including any of its facilities, to be used for illegal, immoral, illicit activities, such as: gambling, prostitufion, etc. (for resort/hotel/tourist inn/apartel/or other tourism-related establishment); f Violation of any of the conditions of the LTFRB franchise (for tourist transport operation); g. Tolerance of gross misconduct, discourtesy, dishonesty, misrepresentation and/or fraudulent solicitation of business committed by any of the officers or employees against their clients to the detriment ofthe tourism industry; h. Willful violation of agreements and,/or contracts entered into by the tourism establishment and its clients; i. Failure to replace or renew the Surety Bond within fifteen (15) days from the date when said bond is ordered forfeited or confiscated in accordance with these rules or cancelled and,/or revoked for whatever cause (in case of travel agency); j. Failure to pay fines, as well as fees, dues and contributions imposed under existing laws; k Failure to submit a notice of any change in its personnel within fifteen (15) working days of such change; l. Employment/hiring of employees (tour guides) who are not holders of license issued by the BPLO and./or without valid working visa and working permit; m. Opening of any branch without prior registration with the MCTCAO; n. Non-settlement of account and/or non-remittance of collections due to carrier of their co-agencies, or any agency of the govemment or any individual within the period prescribed by law; o. Any other acts/omissions that worked against the interest ofthe tourism industry. SECTION 50. GROUNDS FOR CANCELLATION AND SUSPENSION OF LICENSE OF TOUR GUIDES. - The following are grounds for cancellation of accreditation and suspension of license of tour guides: - Page 2l of 23 Ordinance No. 065 Seria of 2015 (a) Cancellation of accreditation: 1.) Conviction of a crime involving moral turpitude; and 2.) Conviction of any ofthe acts enumerated in (b). (b) Suspension of license: l.) Any overt act of dishonesty, misrepresentation or misconduct committed against a member of his/her tour group or against hiVher employer or co-employee. 2.) Forced tipping or contributions from tourist. 3.) Failure to comply with the requirements as to the compulsory wearing of identification cards. CHAPTERXI PENAL PROVISIONS SECTION 51. PENALTY FOR FAILURE TO REMEDY TIIE DEFECT, ETC. - If the management of any tourism establishment fails to remedy the defects or deficiencies noted within the prescribed period" the following penalties shall be imposed: (a) Resort - fine of Php 50.00 for every day of delay in complying with directions, but in no case shall the fine exceed the sum ofPhp 5, 000.00; (b) Hotel - fine ofPhp 75.00 for every day of delay but not exceeding Php 2,500.00. (c) Apartel/Tourism Inn - fine ofPhp 50.00 for every day of delay but not exceeding Php 2,500.00. (d) Others - fine ofPhp 50.00 for every day ofdelay but not exceeding Php 2,500.00. Provided, that where the maximum fine imposable under this section has been reached and the tourism establishment concemed has continuously failed to rectifr the defects or complete the deficiencies noted, the license and certificate of accreditation may be revoked/suspended as may be justified under the circumstances. Revocation of License or Closure of the business or establishment as may be deemed necessary or appropriate under the circumstance by the BPLO as recommended by the MCTCAO, a fine of not less than ONE THOUSAND PESOS (Php 1,000.00) and not more than FIVE THOUSAND PESOS (Php 5,000.00), subject to the discretion of the Court, shall be imposed against any person, natural orjuridical, wto shall be found in violation of other provisions ofthis Ordinance, CHAPTERXII MISCELLANEOUS PROVISIONS SECTION 53. CONFIDEI{TIAL CEARACTER OF CERTAIN DATA. - lnformation and documents received by or filed with the MCTCAO in pursuance of the requirements of this Page 22 of 23 Ordinonce No. 065 Series of 20 I 5 Ordinance shall be treated as confidential and shall not be divulged to any private party without the consent ofthe party concerned when public interest so requires. Any official or employee of the MCTCAO, including those that are temporarily assigned therewith. who shall violate the provision of this Section shall be guilty ofan offense under this Ordinance. SECTION 54. ENLISTMENT OF AID, ASSISTANCE AND SUPPORT OF OTHER GOVERNMENT AGENCIES. - In the implementation of the provisions of this Ordinance, the MCTCAO may enlist the aid. assistance. support ol anv and all govemment agencies, whether local or national. SECTION 55. IMPLEMENTING RULES. - The City Mayor may. from time to time, issue rules and regulations as may deem fit and necessary tbr the effective implementation of this Ordinance. SECTION 56. FUNDING. - The funds necessary for the implementation of this Ordinance shall be taken from the annual appropriations ofthe MCTCAO. Said funds shall be included in the preparation of the Annual Budget of the Citl'Govemment. CHAPTER XIII FINAL PROVISIONS SECTION 57. SEPARABILITY CLAUSE. - If for any reason or reasons, any part or provision of this Ordinance shalI be held unconstitutional or invalid. other parts which are not affected thereby shall continue to be in lull lorce and effect. SECTION 58. REPEALING CLAUSE. - Any Ordinance. Executive Order, Local Issuances, or Rules and Regulations. or parts thereof, which are inconsistent with this Ordinance are hereby repealed and/or modified accordingly. SECTION 59. EFFECTIVITY. - This Ordinance shall take effect upon approval. UNANIMOUSLY ENACTED by the CITY COUNCIL OF MARIKINA this 28th day of October 2015. I HEREBY CERTIFY to the passage of the foregoing Ordinance which was duly enacted during the 41" Regular Session of rhe 7'h Cin ('ouncil of Marikina on October 2S, i0l5 NORALYN/R. TINGCT]NGCO Citv Council Secretarv ..iIIF- Page 23 of 23 ftdinarlrce aO65 Seria of 2015 ATTESTED AND Cf,RTIFIED -I'OBE DT]LY ENACIED: ERT J. DEL ROSARIO Acting Presiding Officer APPROYED BY THE HONORABLE CITY MAYOR ON_!!C- 1 7 ?0.]5