First Post! 06/03/2009

                                                                                           MARKET RULES AND REGULATIONS                                                                      Enforcement of Rules And Regulations – The Municipal Mayor through the Market Administrator shall have the authority to enforce and implement these market rules and regulations. 

             Coverage. These market rules and regulations shall apply to all employees of the market, market vendors and the general public who do business inside the public market.

Business Permit Regulations.
 No person shall be allowed to engage in any kind of business inside the public market or in the immediate premises thereof, without first securing a business permit. All market vendors engaged in the business of food handling must secure a sanitary permit every six (6) months and a health certificate ID in addition thereto. Food servers hired are also required to secure Health Certificate.
    Prohibited Acts by market vendors in the conduct of business:a.      Selling of goods not designated in assigned areas.                                                                                                                                  
b.      Unauthorized making of extensions of stalls beyond leased areas and/or utilizing pathways for display of goods.c.      Short weighing and false measuring including tampering of standard weights and measures.d.      Bringing in motorcycles, bicycles, pushcarts and the like inside the market compound.e.      Utilizing any of the stalls or market spaces as residence or living quarters f.        Littering, vandalism and improper use of comfort rooms and non-observance and cooperation on cleanliness and orderliness.  g.      Selling or transferring the privilege to lease the stalls or spaces or permitting another person to conduct business therein.h.      Bringing in of children below 10 years old by market vendors inside the market premises.i.         Operation of Videoke machines and the like.j.         Display and selling of illegal products/items.

Obligatory Duties and Responsibilities of The Market Vendors.
a.      To have his/her picture and that of his/her helpers conveniently framed and hung up conspicuously in the stall.b.      To secure business permit and have it renewed upon expiration. The same must be conspicuously displayed at his/her stall for ready inspection.c.      To keep his/her stall in good sanitary condition at all times, by having a garbage can or receptacle of his/her own.d.      To pay promptly without demand his/her market dues and other fees at the market Office.  In case of his/her failure to do so, pay all fines and penalties accruing thereto.e.      To present and have their weighing scales calibrated and sealed at the Market Office.

Sanctions and Penalties for Violation.
– Violations committed on any of these market rules and regulations, not otherwise covered by the existing law and ordinance, rules and regulations shall be dealt with in accordance with the following:
a) First violation- Fine of PhP1,000.00b) Second violation- Fine of PhP1,500.00c) Third violation- Fine of PhP2,000.00 plus revocation of permit and termination of lease contract.

Temporary Closure and Monitoring of Violation.
- A temporary closure of stall or business shall be summarily made upon non-payment of fines on any and all violations committed, upon due investigation and hearing conducted by the Market Administrator.  In case of the revocation of permit or termination of lease, the hearing shall be investigated and heard by the Board.
For the effective monitoring, the Market Administrator shall always keep an updated vendor’s conduct record where all violations will be recorded for ready reference. 
Vacancy of Stall/Booth; Adjudication to Applicant. – Vacant market stalls/booth shall be adjudicated to qualified applicant in the following manner:a)      Notice of vacancy of vacant stalls shall be made for a period of not less than (10) days immediately preceding the date fixed for their award to qualified applicants.  Such notice shall be posted conspicuously on the unoccupied booth stall and the bulletin board of the market.  This notice of vacancy shall be written on cardboard, thick paper or any suitable material and shall be in the following form:                                                                                                    
1.      That while I am occupying or leasing this stall(s), I shall at all times have my picture and that of my helpers conveniently framed and hung up conspicuously in the stall.
 2.      I shall keep the stall(s) at all times in good sanitary condition and comply strictly with all sanitary and market rules and regulations now existing or which may hereafter be promulgated.

3.      I shall pay the corresponding rents for the booth(s) or stall(s) in the manner prescribed by existing rules and regulations.
4.      The business to be conducted in this stall(s) shall belong exclusively to me and may only sell goods and commodities as authorized per established sectioning as indicated on the above list of my choice.
5.      In case I engage helpers, I shall nevertheless and be present at the stall(s) or booth(s), I shall promptly notify the market authorities of my absence, giving my reason or reasons therefore.
6.      I shall not sell or transfer my privilege to the stall(s) or booth(s) or otherwise permit another person to conduct business therein.
7.      Any violation on my part or on the part of my helpers of the foregoing conditions shall be sufficient cause for the market authorities to cancel the contract.
Vacancy of Stall Before Expiration of Lease – Should for any reason, stallholder or lessee discontinue his business before his lease of the stall expires, such shall be considered vacant and its occupancy thereafter shall be adjudicated in the manner herein prescribed.  

Lease Contract Agreement
– For every stall awarded, the successful applicant must signed a contract of lease and observe the terms and conditions set forth therein. Documentation shall be at the expense of the lessee. The Contract shall be in the following form:

ertificate of Award to Successful Applicant of Vacant Market Stall
 – To authenticate the results of the adjudication of the vacant stall(s), a certificate of award shall be issued to the successful applicant.  The date of the issuance in the certificate of award shall be the basis of determining the start of payment of rental by the successful applicant, notwithstanding when the actual occupancy or start of business operation by stallholder begins. The Certificate of Award shall be issued within 10 days after the drawing of lots/bidding as the case maybe.       
Stall/Space Vacancy
. – A market stall/space is deemed vacant under any of the following condition:
a)      When it is newly constructed and not yet leased and awarded to qualified applicant.b)      When it is declared vacant by the Board by reason of abandonment of the Lessees, and violations by the Lessee of any of the terms and conditions of the contract of lease, policies, rules and regulations promulgated for their observance.c)      Death of the Lesseed)      Voluntary surrender by the Lesseee)      Physical incapacity of the Lessee to personally administer the stalls.

Effect of Death of Lessee/stallholder – Upon the death of the holder of stall/Lessee, the contract of lease covering the stall shall be deemed terminated.  However, the surviving spouse, direct heirs and/or estate of the deceased who desire to continue to the lease and business of the deceased may apply and the lease maybe then transferred to the qualified legal heir applicant; provided that the Board be notified within 30 days after the death of the Lessee/Stallholder and upon payment of all necessary rents or fees due at the time of death of the original Lessee by the legal heir applicant.

Idle or Inactive Stalls
. –Any stall/space that shall be idle for 1 month or 30 consecutive days for whatever reason shall be declared abandoned or vacant and shall be subject to bidding and be awarded to the qualified bidder upon payment of accrued rental dues and other fees;

Losses of Stallholders. – The Municipality shall not be responsible for any loss or damage, which stallholders may incur in the municipal market, by reason of fire, theft or robbery or force majeure.
It shall be the duty of the Market Administrator to exercise utmost vigilance and care to prevent any loss in the municipal market. For this purpose, the Market Administrator shall have authority to apprehend and turn-over to the Police any person caught stealing or committing any offense in the public market and file appropriate legal action/complaint for the prosecution of the offender.

Extension of Stall Spaces
. – There shall be no extension of stall spaces other than those already covered by plans previously approved by the Board.  However, areas utilized as extension for the display of the stallholders goods that do not obstruct the flow of traffic or the passage of the buying public may be allowed, provided that stallholder be charged double the rates based on a per square meter daily rate basis imposed on the area concerned in addition to the monthly rentals already imposed on the stalls where the extension was made.  Extensions that obstruct the free passage of the buying public shall be removed summarily.  The market administrator must see to it that appropriate boundary markings shall be made to monitor and effectively implement the extension of stall charging.Restaurant section facing the wet market area is allowed a 1.5 meter extension subject to the above rate of rental on extension.

         COLLECTION, ASSESSMENT AND PAYMENT OF STALL RENTALS AND MARKET FEES  Direct and Immediate Supervision on Collections. – The Market Administrator shall exercise direct and immediate supervision, administration and control over the collection of all market fees as authorized by this  approved ordinance or code.

Manner of Payment and Assessment of Rental Dues
. – Rental dues shall be assessed in a daily basis regardless of the manner and term of payment.  The Stallholder may pay their rent obligation on a daily, weekly or monthly basis at the option of the lessor.

Imposition of Penalty and Interest. -  Overdue or delinquent account on market stall rentals are hereby imposed a 25% penalty plus 2% monthly interest.  
                                                                             INCENTIVE            Stall occupants acquiring stalls through the open public bidding who for one valid reason or another cease to operate his/her business shall surrender his/her stall to the LGU and upon presentation of documents, qualifies him/her to a REFUND of the portion of his winning bid price as herein provided.  However, said refund shall be paid out of the proceeds of the rebidding of the same stall being surrendered.

The Refund Scheme. The refund shall be on the following scheme                                                                                           (NUMBER OF YEARS IN OPERATION)                              (PERCENTAGE  REFUND)                                  1 year operation                                                                      80% of the winning bid                                         2 years operation                                                                    70% of the winning bid                                         3 years operation                                                                     60% of the winning bid                                        4 years operation                                                                    50% of the winning bid                                         5 years operation                                                                    40% of the winning bid                                          6 years operation                                                                    30% of the winning bid                                          7 years operation                                                                    20% of the winning bid                                          8 years operation                                                                    10% of the winning bid                                         9 years operation                                                                     5% of the winning bid                                               Business operators/stallholders who have availed of the refund incentive shall not be allowed to participate in any bidding for the occupancy of market stalls.
     Stall occupants of the burnt Jagna public market shall by way of raffle/drawing of lots be afforded first priority to occupy stall in the new Jagna public market assigned in proper section by the LGU without need of participating in the bidding process. However, he/she shall pay a fixed Occupancy Fee herein prescribed before subject stall is awarded to him/her.  He/she is likewise obliged to pay his/her stall rental also provided herein. Previous delinquencies must also be paid. These occupants are not entitled to the Incentive as provided in the preceding Section. But must surrender also their stall once they cease to operate business.  Otherwise, penalty herein provided shall be imposed upon them.          

The Fixed Occupancy Privilege Fee and Rental. The occupancy fee for stalls to be awarded to the dislocated stall occupants of the burnt Jagna Public Market and rental fee are as follows:                                                                                                                                
A)     WET MARKET                                                                                                                                                                                                                        (STALL)                                  (OCCUPANCY PRIVILEGE FEE)                     (RENTAL FEE)                     1. Meat stalls (I-J) 8 stalls                           PhP 10,000.00                                     PhP 4.00/sq. meter/day         2. Meat stalls (G,H,K) 24 stalls                          6,000.00                                               4.00/sq. meter/day         3. Fish stalls (A to F) 60 stalls                           5,000.00                                               4.00/sq. meter/day         4. Dried/salted fish stalls (P to R) 11 stalls        4,000.00                                               4.00/sq. meter/day         5. Vegetable stalls (L to O) 22 stalls                 4,000.00                                               4.00/sq. meter/day

MAIN MARKET BUILDING. The fixed Occupancy Privilege Fee for the stalls at the Main Building shall be at PhP30,000.00

STALL RENTAL FEE . . . . at PhP4.00/sq. meter/day.

 Vacant and other designated stalls for bidding.  Remaining stalls after the award to dislocated stalloccupants and other designated stalls as herein provided shall be submitted to an open (viva voce) BIDDING, in full cash basis and the STARTING BID PRICE shall be as follows:
WET SECTION: (KIND OF STALL/LOCATION)                                                                                                                      (STARTING PRICE)                                       a) Meat stall                                                                                                                                            PhP8,000.00                                               b) Fish stall                                                                                                                                             PhP5,000.00                                     c) Dried/Salted Fish & Vegetable stalls                                                                                             PhP4,000.00                                  2.MAIN BUILDING(STARTING PRICE)                                                                                                                                                                                 a) Stalls facing highway (11 stalls)                                                                             PhP100,000.00; Back thereof PhP30,000.00                       b) East side (6 stalls)                                                                                                     PhP  50,000.00; Back thereof PhP30,000.00                                c) West side  (6 stalls)                                                                                                   PhP  50,000.00;  Back thereof PhP30,000.00
3.OTHER STALLS – to be determined by the Sanggunian                                                                                                                                  a) Occupancy of stall shall strictly observe market rules and regulations specially payment of previous delinquency/ies otherwise, his/her privilege over the stall shall be forfeited and a penalty is imposed upon them.                                                             b) Awarding of stalls to dislocated occupants of the burnt public market is limited only to one stall per awardee.  Should he/she wish to acquire one more space/stall he/she may participate in the open bid and abide with the pertinent rules and regulations.

Market Sections – for purposes of this Article, the public market of the Municipality of Jagna shall be divided into the following sections:

                               WET MARKET                                                                           MAIN BUILDING                                                                                                 
1. Fish – Stall A-F                                                                             1. Dry goods                                                                                                     2. Meat/Chicken -Stall G-K                                                             2. Eatery                                                                                        3. Dried/Salted fish- Stall P-R                                                       3. Rice & Corn                                                                                               4. vegetable- Stall L-0                                                                     4. Grocery                                                                                                         5. Miscellaneous                                                                                                                                                                                                                                                                                           a)              Dry goods section- refers to the area where dry goods like footwear’s textiles, kitchen utensils, checherias, glassware, native products and school bags shall be sold.
          b)             Eatery section – refers to the area where carenderia, refreshment parlor, restaurant, cafeteria, panceteria, and other cooked and prepared foods shall be sold.                                                                                                                                              c)             Rice and corn section-refers to the area where rice, corn, feeds, hogmash, and other cereal shall be sold.                   d)             Groceries section- refers to the area where bakery products, canned goods, flour, onions, garlics, pasta products, all kinds of cereals, preserved foods, and other household products shall be sold.                                                                        e)             Fish section- refers to the area where fresh fish, seaweeds, or other marine product shall be sold                               f)                Meat section- refers to the area where dressed chicken, pork, beef meat, and all kinds of meat, properly inspected by the meat inspector shall be sold.                                                                                                                                            g)             Dried and salted fish - refers to the area where dried and salted fish shall be sold.                                                           h)             Vegetables section- refers to the area where leafy and fruit vegetables shall be sold.                                                     i)                  Fruit section- refers to the area where all kinds of fruit shall be sold.                                                                                      j)                  Flower shop section- refers to the area where fresh flowers and other artificial flowers shall be sold.                       k)              Miscellaneous section- refers to the areas where not classified business are allowed to display their goods.

Excess and Underpayment Stall Rentals.
– Stall rental fees paid by the Stallholders in excess of what is imposed in this ordinance shall be credited and fully applied against future rental obligation and underpayment as a result thereof shall be considered deficiencies and shall be collected without penalty and interest.

Transient Vendors and Rolling Business
– Transient vendors and roving salesmen shall not be allowed to do business in the public market unless they have secured first a Mayor’s Permit from the Office of the Municipal Mayor and after payment of PhP 300.00 at the Office of the Market Administrator. The mayor’s permit for transient vendors and salesmen shall be renewable on or before January 20th of each year.

 Surcharges and penalties in unpaid taxes, fees or charges and discount. – A surcharge of twenty-five percent (25%) of the amount of taxes, fees or charges not paid on time and an interest at the rate of two (2) percent per month of the unpaid taxes, fees or charges including surcharges, until such amount is fully paid but in no case shall the total interest on the amount or portion thereof exceed thirty-six (36) months.            Any payment of dues made in advance, i.e. within 20 days before due date, shall be entitled to a 25% discount. 

 Interest on unpaid revenues.- Where the amount of any other revenue due to the municipality except voluntary contributions or donations, is not paid on the date fixed in the ordinance, or in the contract, expressed or implied, or upon the occurrence of the event which has given rise to its collection, there shall be collected as part of that amount an interest at the rate of two (2%) per month from the date it is due until it is paid, but in no case shall the total interest on the unpaid amount or a portion thereof exceed thirty-six (36) months.

    Section 3. Definition of Terms. – Whenever used in this code, the following terms shall mean:
    Ambulant/Transient or itinerant vendors – are those vendors who sell their merchandise by moving from one place to another and are not occupying a permanent stall or space in the public market.b)      Bagsakan – refers to an open area, which served as a service landing area for goods in bulks delivered by suppliers and producers for wholesale purposes.
    Board – Refers to the Jagna Market Board d)      Carenderia - refers to any public eating-place, where pre-cooked foods are served and sold.e)      Cargador/Carrier – refers to any person who for a fee carries goods or merchandise from one place to another for the convenience of vendors and consumers.
     f)        Charge – refers to a pecuniary liability imposed against property and persons in a form of rent or fee.
    Cereals – refers to rice, corn and other marketable and consumable grains.
    Cold Storage – refers to a place where perishable goods are stored and preserved.
    i)Dealer –means one whose business is to buy and sell merchandise, goods, and chattels as a merchant. He stands immediately between the producer or manufacturer and the consumer and depends for his profit not upon the labor he bestows upon his commodities but upon the skill and foresight with which he watches the market.j)        Dry Goods – refers to all kinds of textiles, ready made dresses and apparels, toiletries, novelties, shoes, laces, kitchenwares, utensils and other household articles, handbags and supplies of the same nature.
    Extension area – refers to an area utilized by the stall/space holder for the display of their goods or service to its customer beyond the original area covered by the lease.
    Lease – refers to a written agreement through which the Municipality of Jagna conveys possession and occupancy for a specified period and for a specified rent of any portion of its market buildings or spaces to another person who binds and accepts the same.
    Lessee – refers to a person having in his/her possession a duly executed contract of lease for a specified rental, granted in his/her favor by the Municipality of Jagna.
    Lessor – refers to the Municipality of Jagna or its authorized representative who transfers, conveys and assigns the temporary possession and occupancy of any real property or any portion thereof, for specified rental and period by an agreement or contract of lease.
    License or permit – refers to a privilege or permission granted in accordance with law or ordinance by a competent authority to engage in some businesses, occupations or transactions.
    Market premises – refers to any space in the market compound including the bare ground not covered by market buildings.
    Market sections- refers to classified stalls and spaces selling the same nature and kind of goods and services in a specified area.
    Market stalls – refers to any specified and assigned area or booth in the public market where merchandises or services are sold or offered.
    Public Market – refers to any space, building or structure of any kind owned and/or operated by the Municipality of Jagna, constructed for the purpose of providing space and/or stalls where goods of any kind and services maybe sold or offered.
    Peddler – refers to a person who, either for himself or on commission travels from one place to another in order to sell his goods.
    Rental fee –means a charge fixed by law or agency in the form of money or otherwise for the enjoyment or use of a thing.
    Stallholders – refers to those who have been granted the permission or privilege to use a stall or booth, where they can display and sell their goods and pay rentals thereon.
    w)    Support facilities – refers to service areas provided, to support operations of the market including the Bagsakan, waste collection station, poultry dressing area, ice and cold storage facilities, warehouse and storage rooms, toilets, parking area, slaughterhouses, trading posts.
    x)      Vendor – refers to a person who sells goods, commodities or foodstuff.

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