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MALAYA (06 JAN 2016)

[ VALENZUELA CITY ORDINANCE NO. 257 Series of 2015, December 07, 2015 ]

SANGGUNIANG PANLUNGSOD
*** Excerpts from the minutes of the 102nd Regular Session of the 6th City Council of Valenzuela held on December 07, 2015 at 2:40 P.M. at the City Council's Session Hall, 3rd Floor, Legislative Building. Valenzuela City Hall, Karuhatan, Valenzuela City. Metropolitan Manila.

AN ORDINANCE AMENDING ORDINANCE NO. 12 SERIES OF 2008 ENTITLED, "AN ORDINANCE AMENDING ORDINANCE NO. 066, SERIES OF 2007, OTHERWISE KNOWN AS 'AN ORDINANCE UNIFYING AND CONSOLIDATING THE PROVISION OF ALL CITY ORDINANCES, REGULATING THE SAME, DISPENSATION AND/OR DISTRIBUTION OF ALCOHOLIC BEVERAGES, CONDIFYING THE SAME INTO ONE COMMON AND UNIFIED REGULATORY MEASURE, INCLUDING THE REGULATION OF ESTABLISHMENTS DISPENSING THE SAME AND PROVIDING PENALTIES FOR VIOLATION THEREOF.




Authored by: Coun. MARLON PAULO C. ALEJANDRINO, Coun. ANTONIO R. ESPIRITU, Court. LORENA NATIVIDAD-BORJA, Coun. ROVIN ANDREW M. FELICIANO, Coun. CORAZON A. CORTEZ, , Coun. JENNIFER PINGREE-ESPLANA, Coun. LAILANIE P. NOLASCO, Coun. KIMBERLY ANN D.V. GALANG, Coun. CRISSHA M. PINEDA, Coun. KRISTIAN ROME T. SY and Coun. RAMON L. ENCARNACION.


WHEREAS,
the private sector participates in infrastructure development and social service-related projects of the State and local government units (LGUs) through what is popularly known as Public-Private Partnerships (PPPs);

WHEREAS, Section 35 of Republic Act No. (R.A.) 7160 otherwise known as the Local Government Code of 1991 (1991 LGC) and Article 66 of its Implementing Rules and Regulations (IRR), categorically empower LGUs to enter into Joint Ventures (JVs);

WHEREAS, Joint Venture projects can bring about win-win solutions whereby both commercial and developmental goals are achieved. In addition to job creation and raised incomes, these can also include a greater availability and choice of improved goods and services at lower prices;

WHEREAS, Ordinance No. 066, Series of 2007 as amended by Ordinance No. 12, Series of 2008 was enacted before the conception of a Public Private Partnership (PPP) or Joint Venture projects, hence certain provisions are restrictive to the point that it will defeat the purpose for which the PPP or Joint Venture (JV) projects were intended. Thus, for the successful implementation of the PPP or JV projects there is a need to amend certain provisions of the aforesaid Ordinance.

NOW, THEREFOR, be it ORDAINED as it is hereby ORDAINED by the Sangguniang Panlungsod of Valenzuela, in session duly assembled, to amend Section 10 of Ordinance No. 12, Series of 2008 and shall now be read as:
"Section 10. Prohibited areas. No permit or license to sell, dispense and/or distribute intoxicating liquor or all other alcoholic beverages shall be issued or granted to any persons, natural or juridical, whose business establishment is within a TWO HUNDRED (200) meter perimeter distance of any school, church, and public building/place except barangay outpost, covered court, playground and daycare centers. Provided, that the said wholesaler shall not serve and/or dispense said intoxicating liquor and all other alcoholic beverages within its premises. Provided, finally, that the establishments mentioned in the first sentence hereof, already existing before the establishment of said school, church and public building/place except barangay outpost, covered court, playgrounds, clinics, daycare centers and public market, including supermarkets, hypermarkets and convenience store shall not be covered by the prohibition, so as long as they only sell and shall not serve and/or dispense said intoxicating liquor and all other alcoholic beverages within its premises, hospital, cemetery or public building. Provided, that in the case of wholesale outlets, the distance shall be fifty (50) meters. Provided further, that the said wholesaler shall not serve and/or dispense said intoxicating liquor and all other alcoholic beverages within its premises.
10.1. The prohibition set forth in Section 10 shall not apply to all existing and future Joint Venture projects which the City will enter into with private sector."
ENACTED.
DECEMBER 07, 2015.
VALENZUELA CITY, METROPOLITAN MANILA.


(Sgd.) HON. LORENA NATIVIDAD-BORJA
Councilor
Majority Floor Leader
HON. ROSALIE ESTEBAN-CAYCO
Councilor
Minority Floor Leader
   
HON. MARCELINO G. MORELOS
Councilor
(Sgd.) HON. ANTONIO R. ESPIRITU
Councilor
Asst. Majority Floor Leader
   
(Sgd.) HON. ROVIN ANDREW M. FELICIANO
Councilor
(Sgd.) HON. LAILANIE P. NOLASCO
Councilor
   
(Sgd.) HON. CORAZON A. CORTEZ
Councilor
(Sgd.) HON. KIMBERLY ANN DV. GALANG
Councilor
   
(Sgd.) HON. MARLON PAULO C. ALEJANDRINO
Councilor
(Sgd.) HON. CRISSHA M. PINEDA
Councilor
   
(Sgd.) HON. JENNIFER PINGREE-ESPLANA
Councilor
(Sgd.) HON. KRISTIAN ROME T. SY
Councilor
   
(Sgd.) HON. RAMON L. ENCARNACION
Councilor
(President, League of Barangays)
   
  ATTESTED:
   
  (Sgd.) FLAVIO C. DIAZ
Secretary
   
CERTIFIED CORRECT:
 
(Sgd.) HON. ERIC M. MARTINEZ
City Vice Mayor
Presiding Officer
 
APPROVED:
 
(Sgd.) HON. REXLON T. GATCHALIAN
City Mayor
Date Signed: _______________________
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