WHEREAS, Section 16 of Republic Act (R.A.) No. 7160 otherwise known as the Local Government Code of 1991 provides that “Every local government unit shall exercise the powers expressly granted, those necessarily implied there from, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare.”;
WHEREAS, Article 99 of Administrative Order No. 270 or the Implementing Rules and Regulations of the Local Government Code of 1991 provides that “The Sangguniang Panlungsod, as the legislative body of the city, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the city and its inhabitants pursuant to Sec. 16 of the Code”;
WHEREAS, the City Government of San Juan shall organize an annual Christmas Bazaar to be held during the Christmas Season;
NOW THEREFORE, BE IT ORDAINED AS IT IS HEREBY ORDAINED, by the Sangguniang Panlungsod of the City of San Juan, Metro Manila, in a session duly assembled that:
SECTION 1. TITLE – This Ordinance shall be called “AN ORDINANCE AUTHORIZING THE CITY MAYOR, TO ENTER INTO CONTRACTS WITH COMMERCIAL EXHIBITORS TO ITS ANNUAL CHRISTMAS BAZAAR AND PROVIDING THE GUIDELINES THEREOF”
SECTION 2. AUTHORITY TO ENTER INTO CONTRACTS – The City Mayor is hereby authorized to enter into contracts with all commercial bazaar exhibitors for the annual San Juan Christmas Bazaar.
SECTION 3. BAZAAR EXHIBITION GUIDELINES – The following guidelines shall be implemented for the Christmas Bazaar:
1. All applicants must register and sign-up at the registration link or registration form provided for by the City Government of San Juan.
2. Bazaar duration will be for a period identified by the City Tourism and Cultural Affairs Office and duly approved by the City Mayor.
3. The City Government of San Juan maintains the right to select and accept applicants for the bazaar. Selected exhibitors must update their filled-out forms.
4. The City Government of San Juan or its authorized representative maintains the right to select the area of the exhibitor.
5. Rate of rent for the exhibitors is Fifteen Thousand Pesos (P15,000.00) per booth for the entire duration, inclusive of electricity and tent assignment, which shall be paid at the City Treasury Department.
6. Full payment for the rent must be made at least 4 days before the start of the bazaar.
7. Payment for the rent is non-refundable and non-transferable.
8. Subleasing shall not be allowed.
9. Connection of freezers, refrigerators and electric burners are prohibited. Only LPG burners will be allowed.
10. Ingress for the bazaar will be a day prior to the official start of the bazaar and egress will be after closing on the last day.
11. Exhibitors must open their booths daily from 4PM up to 12MN.
12. It shall be the responsibility of the exhibitors to strictly maintain the cleanliness and sanitation of their respective premises for the entire duration of the bazaar. It shall be likewise be their responsibility to coordinate with the CENRO for the disposal of their respective waste. The CENRO shall provide a schedule of the collection of waste and shall strictly enforce the compliance of the same.
13. Exhibitors shall not be allowed to extend or encroach outside their designated booth.
14. A maximum of three (3) personnel per booth with proper ID issued by the City Government of San Juan shall be allowed to occupy the same.
15. Exhibitors must provide their own tables, chairs, and trash bins. Tables should have a red table cloth to ensure uniformity with other stalls.
16. Although security for the bazaar is provided, the City Government of San Juan shall not be liable for any loss or damages incurred during any man-made or natural calamities.
17. Selling any kind of alcoholic drink is not allowed. Consumption of alcoholic beverages on-site is likewise prohibited.
18. Exhibitors/sales associates and everyone involved at the bazaar must be fully vaccinated. Minimum public health standards shall be maintained at all times.
19. Exhibitors must secure a special permit from the Business Permits and Licensing Office (BPLO) to finalize their slot.
20. Exhibitors must only sell products approved by the City Government of San Juan from the list submitted through their application.
21. The City Government of San Juan has the authority to confiscate unauthorized products.
22. The City Government of San Juan or its authorized representative reserves the right to cancel slots of exhibitors for any violation of the guidelines provided herein and/or the Exhibitor Contract.
23. The upper portion of the Pinaglabanan Shrine shall not be used for the purpose of this Ordinance.
SECTION 4. PENALTIES – Any exhibitor found violating the above guidelines shall be penalized with automatic revocation of contract and/or for any other applicable ordinances, rules and regulations.
SECTION 5. The City Legal Officer has certified that the Draft Exhibitor’s Contract is in good order and not contrary to any existing laws, circulars, rules and regulations.
SECTION 6. IMPLEMENTING OFFICE- The Office of the City Mayor shall be the implementing office of this Ordinance. The CTCAO, TFD, POSO, CENRO, PNP and other offices as may be authorized by the City Mayor are hereby tasked to assist in the implementation of this Ordinance.
SECTION 7. SEPARABILITY CLAUSE – If, for any reason, any section or provision of this Ordinance is declared unconstitutional or invalid by a competent court, the remaining sections or provisions shall not be affected thereby and shall continue to be in full force and effect.
SECTION 8. REPEALING CLAUSE – All Ordinances contrary to or inconsistent with any of the provisions of this Ordinance are hereby repealed and/or modified accordingly.
SECTION 9. The authority, issuance and approval hereof is subject to and conditioned upon compliance to certain restrictions and to all existing laws, circulars, rules and regulations.
SECTION 10. EFFECTIVITY – This Ordinance shall take effect upon approval.