Manila Times (07 November 2014)
Introduced by Councilor JULIENNE ALYSON RAE V. MEDALLA.
Co-Introduced by Councilors Anthony Peter D. Crisologo, Ricardo T. Belmonte, Jr., Dorothy A. Delarmente, Victor V. Ferrer, Jr., Alexis R. Herrera, Precious Hipolilo Casteto, Voltaire Godofredo L. Liban III Roderick M. Paulate, 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, Jesus Manuel C. Suntay, Marvin C. Rillo, Raquel S. MalaƱgen, Jessica Castelo Daza, Bayani V. Hipol, Jose A. Visaya, Godofredo T. Liban II, Andres Jose G. Yllana, Jr., Allan Butch T. Francisco, Karl Edgar Castelo, Candy A. Medina, Diorella Maria G. Sotto, Marivic Co-Pilar, Rogelio "Roger" P. Juan, Melencio "Bobby" T. Castelo. Jr., Donate C. Matias and Ricardo B. Corpuz.
"SECTION 1. Prohibited Acts. It is hereby prohibited to sell cigarettes, cigars, tobacco, similar tobacco products, electronic cigarettes and similar devices to minors by all persons, natural or juridical and all establishments located in Quezon City."SECTION 2. A new Section 2 and a new headnote "Definition of Terms" are hereby added to Ordinance No. SP-681, S-1998, which shall read as follows:
"SECTION 2. Definition of Terms. For the purpose of this ordinance, the following terms are hereby understood to mean as follows:SECTION 3. Section 2 of Ordinance No. SP-681, S-1998 shall be renumbered, as Section 3, and the subsequent sections shall also be renumbered accordingly.
ELECTRONIC CIGARETTES or E-CIGARETTES - shall mean any electronic device composed of a mouthpiece, heating element, battery and electronic circuits that provide a vapor of liquid nicotine and/or other substances mixed with propylene glycol to the user as he or she simulates smoking. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes, or under any other product name.
MINOR - are those natural persons who are below eighteen (18) years of age. The age of majority being defined by Republic Act No. 6809.
PERSON - refers to an individual, partnership, corporation or any other business or legal entity.
TOBACCO PRODUCTS - products entirely or partly made of the leaf tobacco as raw material which are manufactured to be used for smoking, sucking, chewing or snuffing such as but not limited to cigars, cigarettes, and cigarillos."
"SECTION 3. Penalties. Any violation of this Ordinance shall be penalized as follows:SECTION 5. A new Section 4 and a new headnote "Implementing Body" are hereby added to Ordinance No. SP-681, S-1998, which shall read as follows:
Any person or any business entity or establishment selling to, distributing or purchasing a cigarette, e-cigarette or any other tobacco products for a minor shall be fined the amount of not less than five thousand pesos (PhP5,000.00) or an imprisonment of not more than thirty (30) days, upon the discretion of the court. For succeeding offenses, both penalties shall apply in addition to the revocation of the business licenses or permits in the case of a business entity or establishment.
The penalty herein provided shall be imposed upon the proprietor, for individual proprietorships; upon all partners for partnerships and the general partner/s for limited partnerships; the brand manager of the particular brand or the manager and the chief operating officer for incorporated businesses; and all such persons, not falling within any of the descriptions/titles above-mentioned, being in-charge of the particular offending business establishment and failing to follow the prohibitions herein defined."
"SECTION 4. Implementing Body The Business Permits and Licensing Office (BPLO) shall implement, monitor and enforce this Ordinance."SECTION 6. Section 3 of Ordinance No. SP-681, S-1998 is hereby amended to read as follows:
"SECTION 5. Separability Clause. If for any reason or reasons, any part or provision/s of this Ordinance shall be declared invalid or unconstitutional, other parts and provision/s hereof which are not affected thereby shall continue to be in full force and effect."SECTION 7. Section 4 of Ordinance No. SP-681, S-1998 is hereby amended to read as follows:
"SECTION 6. Repealing Clause. All other ordinances, executive orders, and administrative regulations or part or parts thereof which are inconsistent with any of the provisions of this Ordinance are hereby repealed or modified accordingly"SECTION 8. Effectivity Clause. This Ordinance shall take effect thirty (30) days after its complete publication in a newspaper of general circulation in Quezon City.