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QUEZON CITY ORDINANCE NO. SP-2285, S-2014, May 05, 2014

[ QUEZON CITY ORDINANCE NO. SP-2285, S-2014, May 05, 2014 ]

19 th City Council 22 th Regular Session

AN ORDINANCE REGULATING THE OPERATION OF ELECTRONIC GAMES (E-GAMES), BINGO GAMES, AND OTHER GAMES OF CHANCE, WHETHER MANUAL, MECHANICAL, ELECTRONIC INTERNET BROADBAND OR OTHERWISE, OPERATING WITHIN THE TERRITORIAL JURISDICTION OF QUEZON CITY, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.

Introduced by Councilors JESUS MANUEL C. SUNTAY and GODOFREDO T. LIBAN II.

Co-Introduced by Councilors Anthony Peter D. Crisologo, Dorothy A. Delarmente, Lena Marie P. Juico, Victor V. Ferrer, Jr., Alexis R. Herrera, Precious Hipolito Castelo, Voltaire Godofredo L. Liban III, Ranulfo Z. Ludovica, Ramon P. Medalla, Estrella C. Valmocina, Allan Benedict S. Reyes, Gian Carlo G. Sotto, Franz S. Pumaren, Eufemio C. Lagumbay, Jose Mario Don. S. De Leon, Jaime F. Borres, Marvin C. Rillo, Vincent DG. Belmonte, Raquel S. Malangen, Jessica Castelo Daza, Bayani V. Hipol; Jose A. Visaya, Julienne Alyson Rae V. Medalla, Godofredo T. Liban II, Allan Butch T. Francisco, Karl Edgar C. Castelo. Candy A. Medina, Diorella Maria G. Sotto, Rogelio "Roger" P. Juan, Melencio "Bobby" T. Castelo, Jr., and Ricardo B. Corpuz.

WHEREAS, the 1987 Constitution of the Philippines gives great importance to the sanctity of the family and avowed that the State shall protect and strengthen the family as a basic autonomous social institution.

WHEREAS, any form of gambling is considered detrimental to the State policy of protecting the Filipino family because gambling diverts precious time a family member is supposed to spend with his or her family to otherwise unproductive activities;

WHEREAS, because of the advancement of technology, gambling is no longer confined to casinos or other traditional gambling establishments, making gambling accessible to almost all individuals:

WHEREAS, Section 458 (a) (1) (v) of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, authorizes the Sangguniang Panlungsod to enact ordinances, approve resolutions and appropriate funds for the prevention or suppression of gambling establishments and such other activities inimical to the welfare and morals of the inhabitants of the city.

NOW, THEREFORE,

BE IT ORDAINED BY THE CITY COUNCIL OF QUEZON CITY IN REGULAR SESSION1 ASSEMBLED.

SECTION 1. Declaration of Policy. - Consistent with the constitutions policy of protecting the family as the foundation of the Filipino nation, the Quezon City government considers gambling as an activity inimical to the interest of the Filipino family. In connection with this policy and pursuant to Section 458 (a) (1) (v) of the Local Government Code, the City Council enacts this Ordinance to regulate the operation of gaming establishments within the territorial jurisdiction of Quezon City.

SECTION 2. Definition of Terms. -As used in this Ordinance, the following terms shall be construed as follows:

"Barangay"- shall refer to any barangay located in this City duly-organized pursuant to the Local Government Code of 1991.or Republic Act No. 7160. as amended.

"Bingo" or "bingo games" - shall refer to a game of chance played by forming patterns, out of randomly drawn numbers, on a pre-printed 5 by 5 matrix card, which may be printed on paper or card stock, or electronically represented.

"Charitable cause", as used in the context of community-organized bingo games - shall refer to any non-profit activity or advocacy aimed to benefit certain members of society other than the organizers of the bingo games operated by barangay officials, homeowners associations, senior citizens' organizations, non- government organizations (NGOs), people's organizations (POs), school, religious, or community organizations.

"Cockfighting (Sabong)" - shall embrace the terms "cockfighting derby", "pintakasi" "tupada", or its equivalent in different Philippine localities.

"Committee" - shall refer to the Sanggunian Panlungsod Committee on Games and Amusement.

"Electronic games" or "e-Games" - shall refer to the online-based casino terminals located in different areas in the Philippines regulated by the Philippine Amusement and Gaming Corporation (PAGCOR).

"Games of chance" shall refer to game, contest, scheme or device in which:

A person stakes or risks something of value for the opportunity to win something of value;

The rules of operation or play require an event the result of which is determined by chance, outside the control of the contestant or participant, and

Chance enters as an element that influences the outcome in a manner that cannot be eliminated through the application of skill.

"Gaming establishment" - shall refer to a place where electronic games or e-Games, bingo games, cockfights, carnivals or other games of chance are held.

"Institution of learning" - shall refer to an institution offering primary, secondary and tertiary education.

"Place of worship" - shall mean the establishment or location where a group of people (a congregation) comes together to perform acts of religious devotion. A venue that is used as a place of worship as its primary purpose.

"Special permit" - shall refer to any of the two types of permit granted under this Ordinance, which is required for the lawful operation of gaming establishments.

SECTION 3. Persons covered. - Any person, natural or juridical, engaged in the operation of e-Games, bingo games, cockfights and other games of chance within the territorial jurisdiction of this City is required to obtain a special permit from the Sangguniang Panlungsod.

Games of chance operated by carnivals that provide prizes with a cumulative monetary value of at least Thirty Thousand Pesos (P30,000.00) shall be covered by this Ordinance.

SECTION 4. Qualifications of applicants. - Applicants for issuance or renewal of the special permit issued under this Ordinance shall have the following qualifications:

(a) An applicant who is a natural person must be at least twenty-one (21) years old and a Filipino citizen at the time of the application. An applicant who is a juridical person must be organized in accordance with the laws of the Philippines whose principal office is preferably located within this City. An organization- applicant under Sec. 14 must be an accredited organization of the barangay, city, church or school where they purport to belong;

(b) An applicant for a fixed term special permit for the operation of a gaming establishment must possess a valid and subsisting authority from the Philippine Amusement and Gaming Corporation (PAGCOR) or Philippine Charity Sweepstakes Office (PCSO).

(c) Only applications from the Barangay Council shall be considered for a short term special permit for cockfighting activities.

SECTION 5. Types of special permit. - There shall be two (2) types of special permit granted by the Sanggunian Panlungsod. These are:

(a) Short term permit - A type of special permit allowing the seasonal operation of bingo games, cockfights and games of chance operated by carnivals; Provided that the conduct of bingo games and cockfight is limited to one (1) to three (3) days in a year while games of chance operated by carnivals is limited to fourteen (14) days; Provided further that such permit shall be valid for one (1) year from date of issuance; and

(b) Fixed term special permit - A type of special permit allowing the operation of e-Games, bingo games and other games of chance on a regular basis for a fixed term of two (2) years from the date of approval of said resolution; Provided that the renewal of such permit is subject to the evaluation of business operations during the years prior to the year of application.

SECTION 6. Documentary requirements for fixed term special permit. - The following documents must be submitted by an applicant for fixed term special permit:

(a) Competent evidence of identity of the applicant. For natural persons, a government-issued document or identification card showing that applicant is a Filipino citizen and is at least twenty-one (21) years old. For juridical persons, the certificate of registration issued by either the Department of Trade and Industry (DTI) or the Securities and Exchange Commission (SEC). For homeowners association, senior citizens' organization, non-government organizations (NGOs), people's organization (POs), school, religious or community organizations, a certificate of accreditation from the barangay, city, church or school where they purport to belong.

(b) Letter of No Objection from the Office of the Mayor, which shall be issued by the Business Permits and Licensing Office (BPLO);

(c) Barangay resolution interposing no objection from the Barangay of the place where the gaming establishment intends to operate;

(d) Project description;

(e) Location or site map of gaming facilities;

(f) Business plan with projected income; and

(g) Lease contract between the business owner or operator and the owner of the building where the gaming establishment intends to operate.

For e-Games operators, the Authority to Operate from PAGCOR must be submitted with the documents mentioned above.

SECTION 7. Documentary requirements for short term permit. - The following documents must be submitted by an applicant for short term permit;

Barangay and Community- Organized Bingo Games.

(b) Barangay resolution interposing no objection from the Barangay of the place where the gaming establishment intends to operate;

(d) Location or site map of gaming facilities.

Barangay Sponsored Cockfighting Activities.

(a) Letter request addressed to the City Mayor, and

(b) Barangay Resolution signifying the intention to hold a cockfighting activity, specifying the date and location where the cockfighting activity is to be held.

SECTION 8. Documentary requirements for the renewal of fixed term special permit. - The following documents must be submitted by an applicant for renewal of fixed term special permit:

(b) Letter of No Objection from the Office of the Mayor, which shall be issued by the Business Permits and Licensing Office (BPCO);

(c) Barangay resolution interposing no objection from the Barangay of the place where the gaming establishment intends to operate;

(d) Project description;

(e) Location or site map of gaming facilities;

(f) Business plan with projected income;

(g) Lease contract between the business owner or operator and the owner of the building where the gaming establishment intends to operate;

(h) Tax clearance from the City Treasurer's Office; and

(i) Previous fixed term special permit.

SECTION 9. Regulatory requirements. - The gaming establishments operating in this City shall comply with the following regulatory requirements:

(a) On capitalization - All gaming establishments with a capitalization of at least Two Hundred Million Pesos (P200,000,000.00) shall not be covered by the regulatory requirements imposed by this Section.

(b) On location and distance - No gaming establishment shall be allowed to operate within a two hundred (200) meter radius from any place of worship or institution of learning as defined in this Ordinance.

No gaming establishment shall be allowed to operate within a ffiree hundred (300) meter radius of another gaming establishment of the same type.

Existing operators who are not compliant with this distance requirement shall be exempt from compliance with this requirement during the subsistence of their current fixed term special permit; Provided, upon its expiry, if such gaming establishment put up his business prior to another gaming establishment, the latter shall be qualified to one renewal of its fixed term special permit after which said gaming establishment shall be obliged to transfer.

(d) On admission of persons - No person below twenty-one (21) years old shall be allowed entry in a gaming establishment. In case of doubt as to the age of person who wants to enter said establishment, the operator or owner shall require him or her to produce necessary identification document that will ascertain his or her age. Notice as to non-admission of persons below 21 years old shall be posted at the entrance and exit door of the gaming establishment.

(e) On advertisement - No advertisement or streamer promoting gaming establishments shall be placed in front of or within one hundred (100) meter radius of any place of worship or institute of learning in this City.

(f) On consideration - No gaming establishment shall be allowed to conduct games of chance on credit.

(g) On complaints against operators - The Committee on Games and Amusement shall, upon complaint of any person, body or organization, investigate violation of this Ordinance, rules promulgated by the City or national government; disorder or disturbance to the community it may have caused or is causing.

The committee report shall include detailed findings of the Committee-investigation and its recommendation. It shall be submitted to the City Legal Office and the Business Permit and Licensing Office (BPLO) for appropriate action.

(h) On Transfer of Permit - No grantee of special permit from the Sangguniang Panlungsod shall be allowed to transfer or assign such permit to another person, natural or juridical, regardless of relationship or affiliation with the original grantee.

(i) On Dress Code - No person shall be allowed entry within the premises of any gaming establishment if he/she is wearing sando, slippers or shorts.

SECTION 10. Time of application. - All applications for fixed term special permit shall be accepted at anytime of the year.

Applications for short term permit should be filed at least forty-five (45) days prior to the conduct of bingo games, cockfights and games of chance operated by carnivals.

Applications for renewal of fixed term special permit shall be filed within sixty (60) days prior to the expiration of their existing special permit, along with the documentary requirements stated in Section 8 of this Ordinance.

SECTION 11. Process of application for short term permit.

Seasonal operation of bingo games and other games of chance operated by carnivals and community based organizations.

(a) Upon the submission of the application for short term permit, the applicant shall attach therein all the documentary requirements stated in Section 6 of this Ordinance. The Majority Floor Leader thru the Secretary to the Sanggunian shall calendar the said request in the Agenda of the Quezon City Council under Other Matters for referral to the appropriate committee.

(b) The Committee shall thereafter conduct an inquiry on the veracity of the request and the completeness of the documents submitted. The Committee shall thereafter issue a Committee Report containing its recommendation on whether the grant of a short term permit is warranted under each circumstance.

(c) The Committee on Games and Amusements shall submit Committee Report to the Committee on Laws, Rules and Internal Government, through the Secretary to the Sanggunian for inclusion in the City Council's agenda for appropriate action.

(d) Upon confirmation of the Sangguniang Panlungsod of the grant of the short term permit, the applicant may obtain a Certified Copy of such from the Secretary of the Sanggunian.

(e) The BPLO shall issue the corresponding permit to the applicant.

Barangay sponsored cockfighting activities:

(a) All applications for a Special Permit shall be supported by a barangay resolution and a teller request by the Punong Barangay to be submitted to the Office of the Mayor through the Barangay Operations Center (BOC) at least forty-five (45) days before the scheduled activity.

(b) The Office of the Mayor through the Barangay Operations Center (BOC) shall grant the request for a Special Permit provided that the cockfighting activity is in accordance with the provisions of this Ordinance. Otherwise the application shall be denied.

(c) If the request is granted, the Office of the City Mayor, through the Barangay Operations Center (BOC), shall endorse to the Sangguniang Panlungsod Committee on Games and Amusement, through the Secretary to the Sanggunian, the following: a) Letter request b) Barangay Resolution c) Certification of Compliance with all the provisions in this Ordinance.

The Committee on Games and Amusement shall submit a Committee Report to the Committee on Laws, Rules and Internal Government through the Secretary to the Sanggunian for inclusion in the City Council's Agenda for appropriate action.

SECTION 12. Process of application for fixed term special permit.

(a) Upon the submission of the application for fixed term special permit to any of the Councilors representing the district where the gaming establishment seeks to operate, the applicant shall attach therein all the documentary requirements stated in Sections 6 and 7 of this Ordinance.

(b) The filed resolution for fixed term special permit shall be acted upon in accordance with the Quezon City Council's Internal Rules.

SECTION 13. Grounds for disapproval of the application for or revocation of short term permit and fixed term special permit. The following are the grounds for the disapproval or revocation of a special permit:

(a) Failure to appear, without justifiable cause, by the owner or operator or his or her duly authorized representative before the Committee hearing where his or her application is scheduled to be heard;

(b) Falsification or alteration or misrepresentation of any of the documentary requirements stated in Sections 6 and 7 of this Ordinance;

(c) Commencement of operation of a gaming establishment before the grant of the short term permit or fixed term special permit;

(d) Violation of any of the regulatory requirements in Section 9 of this Ordinance; or

(e) Violation of Section 14 (c) and 15.1 of this Ordinance.

SECTION 14. Barangay and community-organized bingo games. - Barangay and community-organized bingo games with cumulative monetary and non-monetary prizes not exceeding Twenty Thousand Pesos (P20,000.00) shall not be required to apply for a short term permit.

All barangay and community-organized bingo games with cumulative monetary and non-monetary prizes exceeding Twenty Thousand Pesos (P20,000.00) organized for the purpose of raising funds for a charitable cause shall comply with Section 11 hereof and provide the documentary requirements prescribed hereunder.

(a) The organizers of Barangay- and community- organized bingo games shall submit the following documents to the Secretary to the Sanggunian at least thirty (30) days before the conduct of the bingo games:

(1)

Barangay clearance, for community-organized bingo games, or Barangay resolution, for Barangay-organized bingo games;

(2)

Description of the fund-raising activity and the target beneficiary Including the statement of prospective benefits to be gained;

(3)

Memorandum of Agreement duly signed by the representatives of the activity organizers and target beneficiaries; and

(4)

Certified list of monetary and non-monetary prizes to be given to winners.

(b) In the case of community-organized bingo games, seventy percent (70%) of the proceeds shall go directly to the target beneficiaries, and in the case of Barangay-organized bingo games, the proceeds shall go directly to the Barangay's general fund and shall be utilized for its development projects subject to the usual accounting procedures.

(c) In the case of community-organized bingo games, the organizers shall submit to the Committee within thirty (30) days from the date conduct of bingo games substantial proof that seventy percent (70%) of the proceeds were given to the target beneficiaries.

SECTION 15. Barangay sponsored cockfighting activities - A Short term Special Permit shall be granted to the following Barangays, provided it is within the corresponding dates of their patronal fiesta, to wit:

Barangay

Date of Fiesta

Petron Saint

Vasra

December 8

Immaculate Concepcion

Bagong Pag-asa

May 31

Our Lady of Hope

Sto. Cristo

3 rd Sunday of January

Sto. Niño

Project 6

2 nd Sunday of July

Our Lady of Mt. Carmel

Ramon Magsaysay

3 rd Sunday of January

Sto. Niño

Alicia

3 rd Sunday of January

Sto. Niño

Bahay Toro

1 st Sunday of May

Sto. Cristo

Katipunan

June 15

San Antonio de Padua

San Antonio

June 13

San Antonio de Padua

Veteran's Village

Last Sunday of November

Christ the King

Bungad

4 th Sunday of April

Sto. Cristo

Phil-Am

May 22

Sta. Rita de Cascia

West Triangle

First Sunday of April

Heart of Jesus and Mary

Sta. Cruz

November

Sta. Cruz

Nayong Kanluran

Last Sunday of October

St. Jude

Paltok

Easter Sunday

Resurrection of Our Lord

Paraiso

1 st Sunday of February

San Pedro Bautista

Mariblo

1 st Sunday of February

San Pedro Bautista

Damayan

1 st Sunday of February

San Pedro Bautista

Del Monte

1 st Sunday of February

San Pedro Bautista

Masambong

1 st Sunday of May

Hoy Redeemer

Talayan

1 st Sunday of February

San Pedro Bautista

Sto. Domingo

1 st week of August

Sto. Dominic

Siena

Last Sunday of January

Sto. Niño

St. Peter

June 29

St. Peter and Paul

San Jose

1 st Sunday of May

St. Joseph

Manresa

1 st Sunday of March

St. Perpetua

Damar

December 8

Immaculate Concepcion

Pag-ibig sa Nayon

Easter Sunday

Resurrection of Our Lord

Balingasa

Easter Sunday

Resurrection of Our Lord

Sta. Teresita

October 1

Sta. Teresita

San Isidro Labrador

May 15

San Isidro Labrador

Paang Bundok

3 rd Sunday of May

Lady of Salvation

Salvacion

3 rd Sunday of May

Nuestra Sra. De Salvacion

N.S. Amoranto

Feb. 11 - Morong to Apo

Our Lady of Lourdes

3 rd Sunday of May Gen. Tirio to Mayo St.

Maharlika

February 11

Our Lady of Lourdes

Lourdes

February 11

Our Lady of Lourdes

Bahay Toro (Sitio Militar)

May 10

Ina ng Laing Saklolo

Commonwealth

November 23

Kristong Hari

Bagong Silangan

2 nd Sunday of May

San Isidro Labrador

Payatas

2 nd Sunday of March

St. Benedict

Fairview

4 th Sunday after Easter Sunday

Good Shepherd

North Fairview

Last-Sunday of August

Divine Savior

Pasong Putik Proper

December 3

St. Francis

Greater Lagro

2 nd Sunday of May

Ascencion of Our Lord

Kaligayahan

Sept. 14/ Aug. 22

Holy Rosary/Mary the Queen

Sta. Lucia

December 13

Sta. Lucia

San Agustin

August 28

Saint Augustine

Novaliches Proper

September 24

Our lady of Mercy

Nagkaiseng Nayon

Sept.8/Dec.8/April 16

Ina ng Buhay/Immaculate Concepction/ Sta. Rita de Cascia

Capri

2 nd Sunday of May

San Isidro Labrador

Sta. Monica

September 24/April 16

Sta. Monica

San Bartolome

August 25

San Bartolome

Bagbag

Easter Sunday

Resurrection

Sauyo

June 19

Our Father Parish

Gulod

May 1

Holy Family

Talipapa

June

Blessed Sacrament

Baesa

May 22

St. Francis de Assisi/ Sta. Quiteria

Balumbato

May 1

St. Joseph the Worker

Unang Sigaw

May 1

St. Joseph the Worker

Apolonio Samson

May 1 and June 8

Crucified Lord/Sacred Heart of Jesus

Sangandaan

Dec. 8/April 5/ Aug. 16

Resurrection/ San Roque

Tandang Sora

3 rd week of March

Our Lady of Annunciation

Pasong Tamo

May 14 and 15

San Isidro Labrador

Cullet

Easter Sunday

San Lorezo Ruiz

New Era

Silangan

March 19

St. Joseph

Socorro

Last Sunday of June

Our Lady of Perpetual Help

E. Rodriguez

December 25

Nativity of the Lord

West Kamias

2 nd Sunday of February

Holy Family

East Kamias

2 nd Sunday of February

Holy Family

Quirino 2-A

March 19

St. Joseph

Quirino 2-B

March 19

St. Joseph

Quirino 2-C

March 19

St. Joseph

Quirino 3-A

March 19

St. Joseph

Quirino 3-B (Claro)

March 19

St. Joseph

Matandang Balara

2 nd Tuesday of May

Nstra. GenoraDela Paz Y Buenviaje

Pansol

3 rd Sunday of May

Nstra. GenoraDela Paz Y Buenviaje

Loyola Heights

3 rd Sunday of January

Sto. Niño

San Roque

2 nd Sunday of August

San Roque

Mangga

November 27

Our Lady of Miraculous Medal

Masagana

October 28

St. Jude Thaddeus

Villa Maria Clara

August 11

St. Claire

Bayanihan

December 16

Sta. Clara

Camp Aguinaldo

December 8

Immuculate Conception

White Plains

November 19

Christ the Kings

Libis

July 16

Our Lady of Mt. Carmel

Ugong Norte

November 19

Christ the Kings

Bagumbayan

August 16

San Roque

Blue Ridge A

November 27

Our Lady of Miraculous Medal

Blue Ridge B St. Ignatius

Last Sunday of July

St. Ignatius de Loyola

Milagrosa

November 27

Our Lady of Miraculous Medal

Escopa I

May 1

St. Joseph the Worker

Escopa II

May 1

St. Joseph the Worker

Escopa III

May 1

St. Joseph the Worker

Escopa IV

May 1

St. Joseph the Worker

Marilag

November 27

Our Lady of Miraculous Medal

Bagumbuhay

November 27

Our Lady of Miraculous Medal

Tagumpay

November 27

Our Lady of Miraculous Medal

Sacred Heart

June, 18, 19 & 20

Sacred Heart of Jesus

Laging Handa

Last Sunday of June

St. Paul the Apostle

Obrero

2 nd or 3 rd Sunday of June

Sacred Heart of Jesus

Paligsahan

May 20/Oct. 19

St. Paul the Apostle/Holy Family

Roxas

Last Sunday of June

Holy Family

Kamuning

June 18

Sacred Heart of Jesus

South Triangle

February 25

Our Lady of Peace

Pinagkaisihan

December 8

Immaculate Concepcion

December 8

Immaculate Concepcion

San Martin de Porres

1 st Sunday of November

San Martin de Porres

Kaunlaran

December 8

Immaculate Concepcion

Bagong Lipunan ng Crame

May 31

St. Joseph

Horseshoe

May 31

Immaculate Concepcion

Valencia

2 nd Sunday of May/1 st Sunday of April

Holy Family/Our Lady of Mt. Carmel

Tatalon

1 st Sunday of October

Sto. Domingo

Kalusugan

June (2 nd or 3 rd week)

Kristong Hari

3 rd Sunday of November

Christ the King

Damayang Lagi

2 nd Sunday of May

Sta. Cruz

Mariana

July 16

Our Lady of Mt. Carmel

Doña Imelda

1 st Sunday of June

Our Lady of Sacred Heart

Santol

1 st Sunday of June

Our Lady of Sacred Heart

Sto. Niño

2 nd Sunday of January

Sto. Niño

San Isidro (Galas)

May 15

Our Lady of Fatima/Sam Isidro Labrador

Doña Aurora

May 22

Our Lady of Fatima

Don Manual

2 nd Sunday of May

Our Lady of Fatima

Doña Josefa

2 nd Sunday of May

Our Lady of Fatima

U.P. Village

May 25

Immaculate Heart of Mary

Old Capitol Site

2 nd week of April

Kristong Pagkabuhay

U.P. Campus

January 1

Holy Sacrifice

San Vicente

1 st Sunday of April

San Vicente Ferrer

Teacher Village East

May 25

Immaculate Heart of Mary

Teacher Village West

May 25

Immaculate Heart of Mary

Central

Last Sunday of January

Sto. Niño

Pinyahan

February 15

San Isidro Labrador

Malaya

1 st Sunday after Easter Sunday

Divine Mercy

Sikatuna Village

3 rd Sunday of October

Divine Mercy

Botocan

May 15

San Isidro Labrador

Krus na Ligas

1 st Sunday of May

Senor Jesus Kristo

15.1 Limitations - Only cockfighting activities sponsored by the barangay council shall be considered for a short term special permit.

Except as provided in this Ordinance, cockfighting shall be allowed in this City only in licensed cockpits and in arenas duly authorized by the City government to be a venue of such event. No cockfights shall be held on December 30 (Rizal Day), June 12 (National Heroes Day), Holy Thursday, Good Friday, Black Saturday, Election or Referendum Day and during Registration days for such election or referemdum;

A Special Permit for cockfighting outside a licensed cockpit shall only be allowed during the barangay patronal fiesta sponsored by the Barangay Council for a period of not more than three (3) days, provided that no cockfight shall be held during the regular scheduled cockfights in licensed cockpits. In the case of barangays in which different patron saints are celebrated, the original or the main patron saint/s as provided in Section 6 is considered for purposes of the issuance of a Special Permit.

No puroks and sitios shall be issued with a Special Permit for cockfighting during the celebration of their founding anniversary or patronal fiesta.

No cockfights shall be allowed within a two-hundred (200) meters radius of any place of worship and institute of learning.

A temporary cockpit shall be established in enclosed premises which must have one or more gates or doors for definite points of entry and exit and with sufficient space for the bettors, gaffer, bet taker and referee.

No person below twenty-one (21) years of age shall be allowed to enter the temporary cockpit. In case of doubt on age, the promoter shall require him/her to produce the necessary identification document that will ascertain his/her true age.

No other games of chance of any kind shall be permitted on the premises where the cockfighting activity is held.

Proceeds of the cockfighting activity shall go directly to the Barangay's General Fund and shall be utilized for its development projects subject to the usual accounting procedures.

15.2 Submission of activity report — Not later than three months after the cockfighting activity is held, an official activity report signed by all the members of the Barangay Council, indicating the number of attendees, number of cockfights (soltada), amount of funds raised, and the barangay development projects to which the proceeds are to be/were used, shall be submitted to the Barangay Operations Center and the Sangguniang Panlungsod Committee on Games and Amusement thru the Secretary to the Sanggunian. Failure by the Barangay Council to submit an activity report shall be grounds for denial of a Special Permit for future cockfighting activities.

15.3 Supervision, management and accountability — The general supervision, the management of peace and order, public safety and security, sanitation and environmental protection, and the accountability for any unforward incidents in the conduct of the cockfighting activity shall be vested, as an obligation, to the Barangay duly authorized by virtue of this Ordinance.

SECTION 16. Effect of lack of special permit. - No business permit shall be issued to any person engaged in the operation of a gaming establishment who fails to present a special permit upon application for the issuance or renewal of business permit.

The City Government reserves the right to immediately close all gaming establishments who are operating with expired licenses and those who are operating other games of chance other than those games for which their permit was issued for.

SECTION 17. Taxes, fees and charges. - All gaming establishments covered by this Ordinance shall be require to pay 3% of gross sales and all taxes, fees and charges imposed under the Quezon City Revenue Code of 1993, as amended and other ordinances and regulations promulgated by the Quezon City government.

SECTION 18. Penalties. - Any violation of any provision of this Ordinance shall be punished as follow:

Short term special permit:

(a) Any person who shall organize or conduct any cockfight, bingo games and other games of chance not in compliance with the provisions of this ordinance shall, upon conviction, be penalized with a fine of five thousand pesos (P 5,000.00) or imprisonment of one (1) year or both at the discretion of the court.

Fixed term special permit:

(a) First offense - Administrative fine of five thousand pesos (P5,000.00);

(b) Second offense - Suspension of operation for thirty (30) days and fine of live thousand pesos (P5,000.00); and

SECTION 19. Repealing Clause. - Sections 12 and 14 of Ordinance No. SP No. 0463, S-1996 and all other ordinances, orders, rules and regulations or parts thereof which are inconsistent with the provisions of this Ordinance are hereby repealed accordingly.

SECTION 20. Effectivity. - This Ordinance shall take effect immediate.

ENACTED: March 10, 2014.

(Sgd.) DIORELLA MARIA G. SOTTO City Councilor Acting Presiding Officer

ATTESTED:

(Sgd.) ATTY. JOHN THOMAS S. ALFEROS III City Gov't Asst. Dept. Head III

APPROVED : 05 MAY 2014

(Sgd.) HERBERT M. BAUTISTA City Mayor

CERTIFICATION

This is to certify that this Ordinance was APPROVED by the City Council on Second Reading on March 10, 2014 and we PASSED on Third/Final Reading on March 17, 2014.

(Sgd.) ATTY. JOHN THOMAS S. ALFEROS III City Gov't Asst. Dept. Head III

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