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17th City Council

Series of 2013

Republika ng Pilipinas

Sangguniang Panlungsod

Lungsod ng Dabaw

Ordinance No. _________

Series of 2014

AN ORDINANCE AMENDING THE TOURISM CODE OF DAVAO CITY

Be it ordained by the Sangguniang Panlungsod of Davao City in session assembled that:

ARTICLE I

TITLE OF THE ORDINANCE

SECTION 1. SHORT TITLE - This ordinance shall be known as the Amended Tourism Development Code of Davao City.

ARTICLE II

DECLARATION OF POLICY

SECTION 2. DECLARATION OF PRINCIPLES- This ordinance shall observe the global code of ethics for Tourism and shall be guided by the following principles: balance conservation, development, ecological integrity and family oriented while it protects its cultural heritage through the promotion of sustainable tourism.

ARTICLE III

DEFINITION OF TERMS

SECTION 3. DEFINITION - For purposes of this ordinance, the following terms shall mean:

CITY – refers to the city of Davao;

OFFICE – refers to the City Tourism Operations Office;

DEPARTMENT – refers to the Department of Tourism;

COUNCIL – refers to the Tourism Council of Davao City;

LICENSE – shall mean the privilege or the authority granted by the office of the City Mayor, through a recommendation from the City Tourism Office, to own, generate and maintain a tourist-related establishment and/or facility covered by this ordinance;

REGISTRATION - refers to the act of listing of all tourism related establishments including those activities and promotion programs, after such tourism related establishments have been certified by the City Government of Davao, through the City Tourism Operations Office, as having conformed with the minimum standards/requirements in accordance with the Ordinance;

ACCREDITATION – a certification issued by the Department to a tourism enterprise that officially recognizes it as having complied with the minimum standards for the operation of tourism facilities and services;

TOURISM ENTERPRISES – refers to facilities, services and attractions involved in tourism, such as, but not limited to: travel and tour services; tourist transport services, whether for land, sea or air transportation; tour guides; adventure sports services involving such sports as mountaineering, spelunking, scuba diving and other sports activities of significant tourism potential; convention organizers; accommodation establishments, including, but not limited to hotels, resorts, apartelles, tourist inns, motels, pension houses and home stay operators; tourism estate management services, restaurants, shops and department stores, sports and recreational centers, spas, museums and galleries, theme parks, convention centers and zoos;

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PRIMARY TOURISM ENTERPRISE – refers to facilities, services and attractions that are directly related or involved to tourism such as, but not limited to the following:

1. HOTEL – refers to full service accommodation with reception and guest rooms generally offering private facilities with an onsite restaurant, room and bar services available. Additional facilities such as business centers and conference rooms are expected;

2. RESORT – refers to full service accommodation located in a more natural, relaxed environment, with reception and guest rooms generally offering private facilities with an onsite restaurant, room and bar service available. Additional recreation facilities and tour services are expected;

3. SELF-STYLED ACCOMODATION ESTABLISHMENT – refers to any edifice or premises or a completely independent part thereof, which is used for the regular reception, accommodation or lodging of travelers and tourists for a fee which is not otherwise classified as a hotel, including but not limited to the following, to wit: APARTMENT HOTEL (APARTEL), CONDOTEL, DORMITEL, HOSTEL, HOMETEL, HOMESTAY, BED & BREAKFAST and PENSION HOUSE/INN;

4. MOTORIST HOTEL (MOTEL) – any structure with several separate units, primarily located along the highway with individual or common parking spaces, at which motorists may obtain lodging and, in some instances, meals;

5. TRAVEL AND TOUR AGENCY – an entity which may either be a single proprietorship, partnership or corporation regularly engaged in the business of extending to individual or groups, such services pertaining to documentation of travel papers, ticketing, sales and/or accommodation, handling and/or conduct of tours within or outside the Philippines, whether for a fee, commission or any form of compensation;

6. TOURIST TRANSPORT OPERATOR – an entity that may either be a single proprietorship, partnership or corporation extending to individuals or groups such services pertaining to tourist transportation;

7. TICKETING AGENT/TICKETING COMPANY – a commercial enterprise engaged solely in selling tickets for land, air and sea transportation services;

8. TOUR GUIDE – an individual licensed by the city to guide tourists for a fee;

9. CONVENTION CENTERS- are typically large buildings with enough space to host public and private businesses and social events for their surrounding population areas that contain one or more conference halls. Convention centers typically offer enough floor area to accommodate several thousand attendees and rent space for meetings such as corporate conferences, industry trade shows, entertainment and concert halls

10. MICE – refers to Meetings, Incentives, Convention and Events services and facilities;

11. MICE ORGANIZER – shall mean to include Professional Convention Organizer, Professional Exhibition Organizer and Event Organizer

a. Professional Convention Organizer (PCO) – an enterprise providing professional services in organizing and managing meetings and conventions/congresses, whether creating and organizing its own meeting, convention or congress or for another entity. Its capability is to provide services from conceptualization to implementation of an event;

b. Professional Exhibition Organizer (PEO) – an enterprise providing professional services in organizing and managing exhibitions or trade fairs/trade shows whether creating and organizing its own exhibition or managing an exhibition for another entity. Its capability is to provide services from one conceptualization to implementation of an event;

c. Special Event Organizer – an enterprise providing professional services in organizing and managing special events or shows, whether creating and organizing its own event or managing an event for another entity. Its capability is to provide services from conceptualization to implementation of an event;

SECONDARY TOURISM ENTERPRISE –facilities and services that may be related to tourism such as, but not limited to the following:

1. RESTAURANT - any commercial establishments offering meals, beverages and drinks to the public;

2. MALL – an establishment, usually a large, often enclosed area comprising of a department store, grocery, shops, fast food and food stations, as well as recreational facilities;

3. SHOP – a retail establishment offering specific lines of goods and services such as crafts, souvenirs, fruit stands and other similar items;

4. DEPARTMENT STORE- a store that sells or carries several lines of merchandise and that is organized into separate sections for the purpose of promotion, service, accounting and control;

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5. SPORTS AND RECREATIONAL FACILITIES – these include aquatic and water sports facilities, golf courses, diving spots, and other similar facilities forming part of a property;

6. ECOTOURISM - a form of sustainable tourism within a natural and cultural heritage area where community participation, protection and management of natural resources, culture and indigenous knowledge and practices, environmental education and ethics, as well as economic benefits are fostered and pursued for the enrichment of host communities and the satisfaction of visitors;

6. HEALTH & WELLNESS CENTER - is an establishment that has a holistic approach to health and wellness, rest and relaxation that aims to treat the body, mind and spirit by integrating a range of professionally administered health, wellness, fitness and beauty, water treatment and services, such as, but not limited to:

a. Spa – a facility that exudes a tranquil environment offering various amenities and services intended to relieve stress, pamper the body and make one feel relaxed and rejuvenated to promote a healthier way of life;

b. Day Spa – a spa offering a variety of professionally administered spa services to clients on a day use basis;

c. Destination Spa – a spa which has for its sole purpose to provide clients with lifestyle improvement and health enhancement through professionally administered spa services, physical fitness, education programming and on-site accommodations where spa cuisine or healthy food is offered;

d. Resort/Hotel Spa – a spa owned by and located within a resort or hotel providing professionally administered spa services, fitness and wellness components;

7. MUSEUM - a structure, open to the public and is intended for educational purpose. It displays permanent collections which are being preserved and depict the immediate lifestyle, culture and tradition of the community. It is either a public or private institution with collections ranging from children, art, visual, science and ethnographic;

ARTICLE IV

ADMINISTRATIVE PROVISIONS

CHAPTER I - GENERAL ADMINISTRATIVE PROVISIONS

SECTION 4 – CODE OF ETHICS – Both primary and secondary enterprises, owners/keepers/managers and/or their sectoral associations, if any, shall formulate a Code of ethics, which shall govern the conduct of their respective members in dealing with one another and the conduct to be observed by their staff or employees towards each other and/or their clients.

SECTION 5 – ENLISTMENT OF AID, ASSISTANCE AND SUPPORT OF OTHER GOVERNMENT AGENCIES - In the implementation of the provisions of this ordinance and circulars and enforcement of orders and decisions, the office may enlist the aid, assistance and support of any and all government agencies, whether civil or military.

SECTION 6- COMPLIANCE WITH EXISTING LAWS, ORDINANCES, RULES, AND REGULATIONS– All primary &secondary tourism enterprise must comply with existing laws, ordinances, rules & regulations covering their business operations in the City of Davao.

CHAPTER II- CITY TOURISM OPERATIONS OFFICE- POWERS AND FUNCTIONS

SECTION 7 – CITY TOURISM OFFICE – The City Tourism Office shall process and recommend to the City Mayor for approval the application of any person, partnership, or corporation or other entity to maintain, operate, or engage in the business of the primary and secondary tourism enterprise within the territorial limits of the City.

The objectives of these provisions are:

a) To ensure the proper development of the tourist and hospitality industries, bearing in mind the interest of community and the implications of such;

b) To establish the City Tourism Office as the body to administer and carry out the formal requirements of the ordinance and be responsible to the City Mayor to monitor and make policy adjustment to meet the ongoing needs of the public and the industry;

c) To provide a taxable system with formality or legal technicality as may be practicable for the administration of this ordinance;

d) To provide a legislative framework which will minimize any violation of this ordinance.

SECTION 8– CONFIDENTIAL CHARACTER OF CERTAIN DATA – Information and documents received by and filed under this ordinance shall be treated as confidential and shall not be divulged to any private

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party without the consent of the party concerned or upon the order of the City Tourism Office.

SECTION 9– POWER TO HEAR AND RESOLVE COMPLAINTS – The City Tourism Operations Office shall receive, hear and resolve complaints filed against tourism enterprises. If necessary, the Office shall refer the same to the concerned agency or office for their appropriate action and resolution of the said subject matter.

SECTION 10– MANDATORY SUBMISSION OF REPORTS – Every accommodation facility and other tourism enterprise that may be required shall mandatorily submit their monthly Occupancy Report, indicating therein the number of rooms occupied for a month, the average length of stay of guests, the breakdown of guest by nationality, and other information as may be required by the Office and/or the Department. Tour operators and MICE facilities shall likewise submit monthly the necessary data or report as may be required of them by the Office.

CHAPTER III - REGISTRATION

SECTION 11– REGISTRATION AND MAYOR'S PERMIT – No person, natural or juridical, shall keep, manage or operate any building, edifice or premises or a completely independent part thereof, for the purpose of engaging in the business of tourism enterprises without first having issued a Certificate of Registration by the Office and a Mayor's Permit to operate as such by the City Mayor. Such application for registration and mayor's permit shall be processed in accordance with the procedures provided in the Revenue Code and in this Ordinance.

SECTION 12- APPLICATION FOR REGISTRATION-Any person, partnership, corporation or other entity desiring to keep, manage or operate any building, edifice, premises or an independent part thereof, for the purpose of engaging in a tourism enterprise shall accomplish in quadruplicate and file with the Davao City Tourism Operations Office an application form for registration prescribed for the purpose.

SECTION 13 – APPLICATION EXECUTED UNDER OATH – Where the application is made by a corporate body, partnership, association or other entity, it shall be signed by the person duly authorized to conduct for and in behalf of the applicant.

SECTION 14 – SUPPORTING DOCUMENTS TO BE SUBMITTED WITH THE APPLICATION – An application to operate a tourism enterprise shall be supported with documents as provided in the Implementing Rules and Regulations of this Ordinance.

SECTION 15– APPLICATION ENTRY BOOK – The Office shall provide itself with a well-bound application entry book in which shall be entered, in chronological order, names of applicants applying for registration and the corresponding filing date and hour of application.

SECTION 16 – INSPECTION COMMITTEE OR TEAM – If the application form has been duly accomplished by the applicant for purposes of operating a tourism enterprise, the Office should create an inspection committee or team composed of the following:

a. One representative from the office of the City Mayor

b. One representative from the City Health Department

c. One representative from the Office of the Building Official

d. One representative from the City Tourism Operations Office

e. One representative from the Permits and Licensing Division of the Business Bureau Office

f. One representative from the City Environment and Natural Resources Office, and

g. Such other person/s and officers as may be required by pertinent laws, rules and regulations and circulars.

The City Tourism Operations Office shall be the lead office of the aforementioned inspection committee or team.

SECTION 17– OCULAR INSPECTION – Upon receipt of its assignment, the inspection team shall conduct an ocular inspection of the property and its immediate premises for the purpose of determining whether it has complied with the provisions of the ordinance and its Implementing Rules and Regulations.

Within five (5) days from the date of the inspection of the building/edifice and its immediate premises, the committee or team shall render a report of its findings and/or recommendations to the office concerned. The applicant shall be furnished a copy of the report of the team within three (3) working days from the receipt of the copy of the report of the team. The applicant may submit a comment thereon, specifying in detail the portion/s of the report where there are any objections. The comment of the applicant shall be coursed through the Office.

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SECTION 18 – DECISION OF THE OFFICE – The Office shall decide the contested findings or case as stated above within thirty (30) days upon receipt of the recommendations, in such manner that the applicant may know the various issues involved and the reasons for the decision rendered.

SECTION 19 – CONDITION TO BE SATISFIED TO MERIT ISSUANCE OF CERTIFICATE OF REGISTRATION – No certificate of registration as a tourism enterprise shall be issued unless the applicant has passed all the conditions provided in this ordinance, the Fire and Building Codes, and other city ordinances, including the requirements set forth in the provisions of Republic Act No. 9593 for DOT Accreditation.

SECTION 20– ISSUANCE BY THE OFFICE – If in the opinion of the Office the applicant has satisfactorily complied with the requirements prescribed for the business for which registration is applied for, the office shall issue the certificate of registration to operate as a tourism enterprise upon payment of the registration fees prescribed in this ordinance and its implementing rules and regulations.

SECTION 21– VALIDITY OF CERTIFICATE OF REGISTRATION – The certificate of registration shall be applied with the office once, at the start of operation of the business. It should be reapplied if the business has ceased operation for at least six (6) months or if its Mayor’s permit has been revoked. The business establishment shall only pay the registration fee once, unless it has reapplied for reasons cited.

SECTION 22 – TRANSFER OF CERTIFICATE OF REGISTRATION – No owner or operator shall transfer or alienate in any other manner the certificate of registration of the property without the prior approval of the Office.

SECTION 23 – TRANSFER OF OWNERSHIP- Any transfer of shares in the tourism enterprise shall be reported to the Office within ten (10) working days from the date of transfer.

SECTION 24 – DISPLAY OF CERTIFICATE OF REGISTRATION – The certificate of registration of the property shall be displayed in a conspicuous place in the public part of the establishment.

TITLE I: PRIMARY ENTERPRISE

ARTICLE V

ACCOMMODATION ESTABLISHMENTS

CHAPTER I – CLASSIFICATION OF ACCOMMODATION ESTABLISHMENTS

SECTION 25– CLASSIFICATION OF ACCOMMODATION ESTABLISHMENT - For purposes of registration and licensing, all commercial temporary accommodation properties shall be classified into the following categories:

A. HOTEL

B. RESORT

C. APARTMENT HOTEL (APARTEL)

D. CONDOTEL/ DORMITEL / HOSTEL/ HOMETEL / BED AND BREAKFAST

E. PENSION INN

F. MOTEL

CHAPTER II – STANDARD REQUIREMENT FOR EACH CLASS OF ACCOMMODATION

SECTION 26- BASIC MINIMUM REQUIREMENT - The classification of hotels as well as the minimum requirements for their establishment, operation and maintenance shall be in accordance with the National Standards as defined by the Department. If these minimum requirements are satisfied by the accommodation establishment, it shall then be accredited by the Department.

Such accreditation shall be a sine qua non requirement for the registration of the accommodation establishment in accordance with Section 19 of this Code.

SECTION 27 – MANDATORY SUBMISSION OF OCCUPANCY REPORT – All accommodation establishments shall submit to the Office a copy of their monthly Occupancy Report. Failure to do so would subject the enterprise to the following penalties:

First Offense – Fine of not less than P3,000.00 and/or imprisonment of three (3) months, at the discretion of the court;

Second Offense – Suspension of their Registration, a fine of not less than P4,000.00 and/or imprisonment of six months, at the discretion of the court; and

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Last Offense – Cancellation of their Registration and revocation of their License, a fine of not less than P5,000.00 and/or imprisonment of twelve (12) months, at the discretion of the court.

CHAPTER III - INSPECTION OF ACCOMODATION ESTABLISHMENTS

SECTION 28 – INSPECTION OF THE PROPERTIES – Inspections for registration by the Inspection Team may be done during the day, but ordinary inspections to check whether or not they are complying with laws and ordinances may be done any time. Surprise inspections, even during night time, should be done especially in cases where there are reports of illegal activities.

SECTION 29 – ACCESS OF INSPECTION TEAM TO RECORDS AND PREMISES – The inspection team shall have access to the registry book or cards, the property building and all parts thereof, the facilities for cooking, and the right to interview any employees of the property and investigate any fact, conditions or matter which may be necessary to determine any violation to arrive at a just and correct conclusion.

SECTION 30 – DEFECTS AND DEFICIENCES FOUND DURING THE INSPECTION – When certain defects or deficiencies have been found in the course of the periodic inspection, the office shall give to the property keeper, manager or operator a reasonable time from the date of notice to rectify the defects or deficiencies. Otherwise, necessary sanctions or penalties shall be imposed as provided for in this Ordinance.

SECTION 31 – EXTENSION OF THE PERIOD – The Office may, for good cause, extend the period within a reasonable period to remedy the defects or deficiencies.

SECTION 32 – PENALTY FOR FAILURE TO REMEDY THE DEFECTS – If the property management failed to remedy the defects or deficiencies noted within the period provided, the Office shall recommend to the City Mayor or to the appropriate agencies such fact for the imposition of the proper sanctions.

Provided, that where the property management has continuously failed to rectify the defects or deficiencies noted, the City Mayor upon recommendation of the Office, shall revoke or suspend the Certificate of Registration and the License of the establishment for such period as may be justified under the circumstances.

SECTION 33 – LIABILITY OF THE ACCOMMODATION PROPERTY KEEPERS / MANAGERS FOR ACTS OR OMISSIONS OF EMPLOYEES – Without prejudice to the provision of existing laws, property keepers/ managers and their assistants shall be administratively liable for the acts or omission of any member of the staff committed against the guests/clients of the property. They may, however be exempted from liability if it can be established that they exercised the diligence of a good father of a family in the selection or supervision of the erring employee.

CHAPTER IV – SANCTIONS

SECTION 34 – GROUNDS FOR THE IMPOSITION OF FINES/ SUSPENSION/ CANCELLATION OF REGISTRATION AND/ OR NON-RENEWAL OF MAYORS PERMIT – Any of the following acts, omission of offense shall be sufficient ground for the imposition of fine/ suspension/cancellation of the certificate of registration, grant or renewal,

1. Making any false declaration or statement, or making use of any such declaration or statement or any document containing fraud or any act of misrepresentation for the purpose of obtaining the issuance, grant, or renewal of any certificate of registration of mayor’s permit;

2. Failure to comply with or to contravene any of the conditions set forth in the Mayor’s Permit;

3. Failure to meet the standards and the requirements for the operation of the property, as prescribed by the Department or these rules;

4. Serious physical injury or loss of life of any guest due to the fault or negligence of any official or employee of the property;

5. Allowing or permitting the property, including any of its facilities, to be used for illegal, immoral or illicit activities;

6. Violation or non-compliance with any of the provisions of these rules, including the non-submission of tourism data such as the monthly Occupancy Report as prescribed by the Department.

ARTICLE VI

RESORTS

CHAPTER I – CLASSIFICATION OF RESORTS

SECTION 35– CLASSIFICATION OF RESORT – Resorts may be categorized in accordance with the National Standards as prescribed by the Department.

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CHAPTER II – REGISTRATION OF RESORTS

SECTION 36- BASIC MINIMUM REQUIREMENT - For purposes of their registration, resorts must comply with the requirements as set forth in the National Standards of the Department.

CHAPTER III – INSPECTION OF RESORTS

SECTION 37– INSPECTION OF THE RESORT – When necessary and upon valid reason, the Office will conduct a periodic spot check or inspection of the resort to determine whether they are being kept and/or managed in accordance with the standards set by the Department for the class for which they are accredited or whether it follows the existing Ordinances of the City.

Upon its finding of any violation of this Ordinance or any of the standards of the Department, including any defects in the establishment, the Office shall report the same to the proper agencies or local authorities for the enforcement of the appropriate sanctions.

SECTION 38 – HOURS OF INSPECTION – Inspections for registration may be done during the day but ordinary inspections to check whether or not they are complying with laws and ordinances may be done at any time. Surprise inspections, even during night time, should be done especially in case where there are reports of illegal activities.

SECTION 39– ACCESS OF INSPECTORS TO RECORDS AND PREMISES – The Office or its inspection team shall have access to the resort’s records and premises, and the right to copy there from, to the person in charge, and investigate any fact, condition or matter which may be necessary to determine compliance with, or in aid of, the enforcement of any provision of this ordinance or circulars issued by the Office.

SECTION 40 – DEFECTS AND DEFICIENCIES FOUND DURING THE INSPECTION – When certain defects and deficiencies have been found in the course of the periodic inspection, the Office shall give objectives to the resort operator or manager to rectify the defects or deficiencies. Otherwise, necessary sanctions or penalties shall be imposed as provided for in this Ordinance.

SECTION 41 – EXTENSION OF THE PERIOD – The Office may, for good cause, extend the period within a reasonable period to remedy the defects or deficiencies.

SECTION 42 - PENALTY FOR FAILURE TO REMEDY THE DEFECTS – If the resort management fails to remedy the defects or deficiencies noted, the Office shall recommend to the City Mayor or to the appropriate agencies such fact for the imposition of the proper sanctions.

Provided, that where the resort management has continuously failed to rectify the defects or deficiencies noted, the City Mayor upon recommendation of the Office, shall revoke or suspend the Certificate of Registration and the License of the establishment for such period as may be justified under the circumstances.

CHAPTER IV – IMPOSITION OF FINES, SUSPENSION, CANCELLATION

AND/OR NON – RENEWAL OF CERTIFICATE OF REGISTRATION

SECTION 43 – GROUNDS FOR THE IMPOSITION OF FINES/ SUSPENSION/ CANCELLATION AND/OR NON-RENEWAL OF CERTIFICATE OF REGISTRATION – Any of the following acts, omission, or offense shall be sufficient ground for the imposition of fines/ suspension/ cancellation or non-renewal of any certificate of registration.

1. Making any false declaration or statement or making use of any such declaration or statement or any document containing the same committing fraud or any act of misrepresentation for the purpose of obtaining the issuance or renewal of any certificate or registration;

2. Failure to comply with any of the conditions set forth in the permit;

3. Failure to meet the standards and the requirements for the operation of the resort, as prescribed in the National Standards of the Department and this ordinance;

4. Serious physical injury or loss of life of any guest due to fault or negligence of any official or employee of the resort;

5. Allowing or permitting the resort, including any of its facilities, to be used for illegal, immoral or illicit activities;

6. Violation of, or non-compliance with, any of the provisions of these rules and circulars issued by the Office;

7. Violation of any of the existing Ordinances of the City.

ARTICLE VII

TRAVEL AND TOUR AGENCIES

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CHAPTER I – REGULATION OF TRAVEL AND TOUR AGENCIES

SECTION 44 – MINIMUM REQUIREMENT – Every travel and tour agency shall establish and maintain a principal office in a commercial district within the City of Davao. A branch office may be established by any travel and tour agency in the same manner. Travel and tour agencies must likewise comply with the minimum requirements set forth by the Department.

SECTION 45 – REGISTRATION AND LICENSE – An application to operate a travel agency, tour operator and tour guiding services shall be supported by documents as provided in the Implementing Rules and Regulations of this Ordinance. The rules as stated in Article IV Chapter III of this Ordinance must likewise be followed.

SECTION 46 – INSPECTION OF AGENCY’S RECORDS – Within a reasonable time and during regular business hours, the books, accounts and other pertinent records of the agency may be examined by the concerned authorized representatives of the government in order to determine their compliance with the applicable laws and ordinances.

SECTION 47 – TOURISM ACTIVITIES – Tourism activities organized and conducted by travel agencies and local tour operators duly accredited, registered and licensed by the Local Government of the City of Davao or those travel agencies and tour operators affiliated with the latter shall be entitled to privileges, incentives and tax exemption upon the recommendation of the City Tourism Operations Office and as it may be deemed proper by law. Any and all non-local tour operators shall be subject to the standard mandate of this Ordinance such as, but not limited to the following:

a. Registration with the City Tourism Operations Office;

b. Accreditation of non-local travel agencies, tour operators and tour guides including tour coordinators as well as their tour packages and promotions;

c. Certification of approval of the Davao Tour promotional packages offered to both domestic and foreign residents of the City; and

d. Proper payment of applicable local taxes imposed on any and all tourism activities they operate in the City.

CHAPTER II – PROHIBITED ACTS AND PENAL PROVISIONS

SECTION 48 – PUNISHABLE ACTS – Any of the following acts, omission or offenses shall be a sufficient ground for the cancellation of the certificate of registration and non-renewal of Mayor’s Permit or license:

a. Failure to renew the permit as required under this Ordinance or non-compliance with the requirements provided under this Ordinance;

b. Fraudulent representation, written or oral, by the Chief Executive Officer or Manager of the agency for the purpose of securing the issuance of any license;

c. Gross and evident bad faith in dealing with their client or fraudulent solicitation of business;

d. Employment or hiring of tour guides who are not holders of a license issued by the Office;

e. Making any false declaration or statement or making use of any such declaration or statement or any document containing the same for committing fraud or any act of misrepresentation for the purpose of obtaining the issuance, grant or renewal of any certificate of registration or license;

f. Failure to comply or contravention of any of the conditions set forth in the license;

g. Failure to meet the standards and requirements for the operation of tour and travel agencies as prescribed by these Rules;

h. Serious physical injury or loss of life of any guest due to the fault or negligence of its officials or employees;

i. Allowing, promoting or permitting tour and travel agency, including any of its facilities, to be used for illegal, immoral, illicit activities, such as, but not limited to gambling, prostitution, sex tours and the like;

j. Tolerance of gross misconduct, discourtesy, dishonesty or misrepresentation and/or fraudulent solicitation of business committed by any of the officers or employees against their clients to the detriment of the tourism industry;

k. Willful violation of agreements and/or contracts entered into by the tour and travel agency and its clients;

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l. Failure to pay fine, as well as fees, dues and contributions imposed under existing rules;

m. Failure to submit a notice of any change in its personnel within fifteen (15) working days from such change;

n. Employment/hiring of employees who are not holders of a license issued by the licensing agency or non-Filipino employees, whether contractual or permanent, without valid working visa and work permit;

o. Opening of any branch without prior registration with the City Tourism Operations Office;

p. Any other similar acts/omissions that worked against the interest of the tourism industry.

ARTICLE VIII

TOUR GUIDES

CHAPTER I – CLASSIFICATION OF TOUR GUIDES

SECTION 49 – CLASSIFICATION OF TOUR GUIDES – Tour guides may be categorized in accordance with the National Standards as prescribed by the Department.

CHAPTER II – MINIMUM REQUIREMENT

SECTION 50 - BASIC MINIMUM REQUIREMENT – In order to be licensed and registered by the Office, a tour guide applicant must show proof that he or she has passed a seminar for tour guides duly conducted by the Department or other agencies duly authorized by the Department to conduct the seminar. Other documents to support their application will be identified by the Office.

SECTION 51 – TOUR GUIDING CARD – A Tour Guiding Card shall be provided by the Office to the applicant upon his/her compliance with all the requirements needed for his/her permit or license. Such card shall be worn by the tour guide at all times while in the performance of his/her duties.

ARTICLE IX

TOURIST TRANSPORT OPERATORS

CHAPTER I –TOURIST LAND TRANSPORT VEHICLES

SECTION 52 – REQUIREMENTS – Tourist land transport vehicles shall conform with the National Tourism Standard as set forth by the Department.

SECTION 53 – CLEARANCE – In case of original registration and/ or transfer of ownership of tourist transport, the necessary clearance from the appropriate unit of the Land Transportation Franchising and Regulatory Board (LTFRB) shall be secured prior to its registration.

CHAPTER II – REGULATION, CONTROL AND SUPERVISION OF TOURIST TRANSPORT OPERATORS

SECTION 54 – MANDATORY MAYOR’S PERMIT – No person, natural or juridical, shall manage, operate or engage in the business of tourist transport services without first having secured a valid Mayor’s Permit to operate the same. The requirements for such application shall be determined by the Office together with the Business Bureau. The Mayor’s Permit shall be valid for a period of one (1) year from its date of issue until the 31st day of December of the year of issuance of the license unless sooner revoked for a cause by the Office.

CHAPTER III – IMPOSITION OF FINES, SUSPENSION, CANCELLATION AND/ OR NON-RENEWAL OF LICENSE

SECTION 55 – GROUNDS FOR THE IMPOSITION OF FINES, SUSPENSION, CANCELLATION AND/ OR NON-RENEWAL OF LICENSE – Any of the following facts or omissions shall be sufficient ground for the imposition of fines, forfeiture of bond, suspension or cancellation of license of a tourist transport operator depending on the circumstances and gravity of each case:

a. Violation of any of the provisions of this Ordinance, circulars and orders of the Office, and violation of any of the Conditions of the LTFRB franchise;

b. Fraudulent representation, written or oral by the owner/ general manager of the company, for the purpose of securing issuance or renewal of license;

c. Tolerance or gross misconduct, discourtesy, dishonestly or misrepresentation committed by any of the operator’s officers or employees against its passenger to the detriment of the tourism industry;

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d. Willful violation of the agreement or contact entered into by tourist operators and its clients or passengers;

e.. Failure to pay fines, as well as fees, dues and contributions imposed under existing laws;

f. Any other actor omission that works against the interest of the tourism industry;

g. Operation of the tourist transport vehicle without the required Mayor’s Permit.

SECTION 56 – VISITORIAL POWER – In the discharge of the regulatory functions, the Office shall exercise visitorial powers over the operations of the licensed transport operations.

CHAPTER IV- TOURIST WATER TRANSPORT VESSELS

SECTION 57- MINIMUM REQUIREMENT- For purposes of accreditation, the minimum requirements for the operation and maintenance of water transport vessels must comply with the standards of the MARINA and the Department.

SECTION 58 - IDENTIFICATION- It shall be mandatory for all tourist water transport vessels to print on its sides identifying marks for the easy identification of the vessel as a tourist water transport vessel.

SECTION 59 - ACCREDITATION FEE AND VALIDITY- A certificate of accreditation shall be issued to a qualified operator for a fee which shall be valid for one (1) year from the date of issuance.

SECTION 60 - RESPONSIBILITIES- It shall be the responsibility of the operator to maintain the standards set by the Office. Failure to do so shall be a sufficient ground for the cancellation of its license.

ARTICLE X

MEETINGS, INCENTIVES, CONVENTION AND EVENTS (MICE) ORGANIZER

CHAPTER I – LICENSING

SECTION 61 - MANDATORY LICENSING – No person, natural or juridical, shall operate as a Meetings, Incentives, Convention and Events (MICE) Organizer, to include the Professional Convention Organizer (PCO), Professional Exhibition Organizer (PEO) and Special Event Organizer, without first being accredited by the Department and registered and licensed by the Office.

SECTION 62 - MINIMUM REQUIREMENT- The basic requirements to be a licensed MICE Organizer are those provided for under the National Tourism Standard of the Department, R.A. 9593.

SECTION 63 – LICENSE FEE – Upon approval of the application, a license shall be issued to the applicant upon payment of an annual fee to be determined by the Office.

SECTION 64 - VALIDITY OF REGISTRATION/LICENSE – The certificate of registration or license shall be valid for a period of one (1) year from the date of issuance thereof. Application for the renewal of license shall be supported by the documents as listed by the Department in their National Standards.

CHAPTER II- REGULATION, CONTROL AND SUPERVISION OF MICE ORGANIZER

SECTION 65 – VISITORIAL POWERS – In the discharge of regulatory functions, the Office shall exercise visitorial powers over the operations of the licensed MICE Organizer.

SECTION 66 – TRANSFER OF LICENSE – No MICE organizer shall transfer or alienate in whatever manner its license without prior approval of the Office. Any transfer shall comply with the requirements and procedures for the issuance of license as prescribed herein.

SECTION 67 – DISPLAY OF LICENSE – The license shall be displayed in a conspicuous place in the Office of the MICE organizer.

TITLE II: SECONDARY ENTERPRISE

ARTICLE XI

RESTAURANTS

SECTION 68 – TYPES OF RESTAURANTS – For the purpose of this ordinance, Restaurants shall be classified in accordance with the existing standards of the Department.

SECTION 69- MINIMUM BASIC REQUIREMENTS – All fixed/permanent restaurants must conform to the National Standards as set forth by the Department. Further, fixed/permanent restaurants must follow other ordinances imposed by the City. Any violation of the said standards, laws and ordinances will warrant a cancellation or revocation of the registration and permit to operate.

SECTION 70 - REQUIREMENTS FOR RESTAURANTS THAT ARE TEMPORARY IN NATURE – Restaurants that are temporary in nature are allowed to operate on specific location allowed by law and permitted by

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the city government. The owners/vendors of such restaurant must comply with the ordinances of the City as well as the rules of the City Health Office on sanitation. Any violation thereof will warrant a cancellation or revocation of their permit to sell.

ARTICLE XII

MALLS, SHOPS AND DEPARTMENT STORES

SECTION 71 – MINIMUM REQUIREMENT - Malls, shops and Department Stores shall conform with the existing standards as provided for by the Department.

ARTICLE XIII

SPORTS, AMUSEMENT AND RECREATIONAL FACILITIES

SECTION 72 – TYPES and CLASSIFICATION OF SPORTS, AMUSEMENT AND RECREATIONAL FACILITIES: For purposes of accreditation and licensing, sports, amusement and recreational facilities maybe of two types:

1. Indoor – situated in an enclosed space or building such as SPA, gym or badminton courts.

2. Outdoor – are those facilities that are situated in an open space or is conducted in an open space.

These facilities are further classified into the following sports:

1. Eco-Adventure/Extreme Sports (close to nature) – this includes climbing, Spelunking, Biking, Zip line, bungee jumping and camping.

2. Aqua Sports – includes diving, surfing, rafting, tubing, parasailing and wakeboarding

3. Other Recreational Sports such as dart, off road, shooting, golf and motorcross.

SECTION 73 - MINIMUM REQUIREMENT- Sports, Amusement and Recreational Facilities shall conform with the standards as set forth by the Department. Sports, amusement and recreational facilities must also comply with the existing laws and ordinances of the City prior to the approval of their registration.

ARTICLE XIV

MUSEUMS

SECTION 74 – MINIMUM REQUIREMENT – The operation and maintenance of museums shall conform with the standards of the Department. It must likewise be a member of the National Committee on Museums.

ARTICLE XV

HEALTH & WELLNESS CENTER

SECTION 75 – MINIMUM REQUIREMENT- For purposes of accreditation and registration, the operation and maintenance of the health and wellness centers shall conform to the standards as provided for by the Department. They must also satisfy the requirements of other laws and ordinances of the City.

ARTICLE XVI

MEETINGS, INCENTIVES, CONVENTION AND EVENTS (MICE) FACILITIES

SECTION 76 – MINIMUM REQUIREMENT – Meetings, Incentives, Convention and Events (MICE) facilities must conform with the existing minimum standards stipulated by the Department.

SECTION 77 – ACCREDITATION – For the MICE facilities to be accredited, it must satisfy all the requirements needed by the Department.

SECTION 78 – MANDATORY SUBMISSION OF REPORT – All MICE facilities must submit on a monthly basis their MICE Utilization Report to the Department and the Office.

ARTICLE XVII

ESTABLISHMENT OF THE TOURIST POLICE

SECTION 79 – CITY TOURIST POLICE – A special city tourist police force shall be established under the supervision and control of the Philippine National Police in Davao City in coordination with the City Tourism Office to immediately address the concerns of visitors/tourists visiting the City, in support of the Tourism Oriented Police for Community Order and Protection (TOPCOP) of the Department.

ARTICLE XVIII

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MISCELLANEOUS PROVISIONS

SECTION 80 - PENALTIES FOR VIOLATIONS:

a.) VIOLATION BY A LICENSEE OR HOLDER OF AUTHORITY – Any person, whether natural or juridical, licensed by the City Mayors to engage in the operation of the establishments or business mentioned herein who shall violate or cause another to violate any of the provisions of this ordinance shall, upon conviction by a competent court, suffer the penalty of imprisonment of not less than six (6) moths or a fine of five thousand pesos (P5,000.00) or both, at the discretion of the court. In additional thereto, the license issued by the City Mayor shall be deemed automatically withdrawn and revoked.

b.) VIOLATION BY NON-HOLDER OF AUTHORITY – Any person who is not a holder of a license issued by the City Mayors who shall violate any provision of this Ordinance or circulars promulgated by the Office shall, upon conviction by a competent court, suffer the penalty of imprisonment of not less than one (1) year, a fine of not less than two thousand pesos (P2,000.00) nor more than five thousand pesos (P5,000.00), or both, at the discretion of the court.

c.) PENALTY IMPOSED UPON OFFICERS OR JURIDICAL PERSON – If the offender is a corporation, partnership, firm or association, the penalty shall be imposed upon the officer or officers who have been responsible for the violation, and if such or officers is/ are alien, he/ they shall, in addition, be subjected to deportation.

SECTION 81 – ADMINISTRATIVE PENALTIES – Without prejudice to the application of the above sanctions, the City Mayor may impose an administrative fine of not less than one thousand pesos (P1,000.00) nor more than five thousand pesos (P5,000.00) against any person who shall violate any provision of this ordinance and circulars, or suspend or revoke the license of the person.

SECTION 82 – IMPLEMENTING RULES AND REGULATIONS – The City Tourism Office, the Department and the City Legal Officer in consultation with the City Tourism Council and sectoral associations, shall draft the Implementing Rules and Regulations for the purpose of enforcing the provisions contained in this ordinance.

SECTION 83 – SEPARABILITY CLAUSE – The provision of this Ordinance are hereby declared valid, and in the event that one or more of such provision are declared invalid, the validity of all our provisions shall not be affected thereby.

SECTION 84 – REPEALING CLAUSE – Any Ordinance, rules or regulations, or any parts thereof not consistent with this ordinance are hereby repealed, amended or deemed modified.

SECTION 85 – EFFECTIVITY – This ordinance shall take effect 15 days after its publication in a local functional newspaper of general circulation.

Enacted, ___________, by a majority vote of all the Members of the Sangguniang Panlungsod.

CERTIFIED CORRECT

CHARITO SANTOS

Secretary to the Sangguniang Panlungsod

(City Government Department Head II)

ATTESTED BY:

PAOLO Z. DUTERTE

Vice Mayor

Presiding Officer

APPROVED BY:______________

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RODRIGO R. DUTERTE

City Mayor

ATTESTED BY:

MELCHOR QUITAIN

City Administrator