Bingo Regulation Ordinance

(to receive a copy of this proposed ordinance in Microsoft Word format, send e-mail to ordinansa@gmail.com)



Republic of the Philippines
LUNGSOD NG NAGA
Puso ng Bicol
-oOo-


TANGGAPAN NG SANGGUNIANG PANLUNGSOD


PROPOSED ORDINANCE

AN ORDINANCE REGULATING THE OPERATION OF BINGO AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF:-


Author: Hon. Nelson S. Legacion


Be it ordained by the Sangguniang Panlungsod of the City of Naga, that:

Section 1. Title- This ordinance shall be known as the City of Naga’s “Binggo Regulatory Ordinance” and it shall be enforced in conjunction with pertinent national laws, rules, and regulations already promulgated or may later be promulgated regarding the matter.

Section 2. Declaration of Policy- The city of Naga considers gambling generally inimical to the interests of the people. Habitual gambling, in fact, is a cause of laziness and ruin. It is for this reason that the Sangguniang Panlungsod had passed a moratorium ordinance providing that no gambling of any form shall be permitted within a period of five years from its effectivity. However, said ordinance cannot apply to any game of chance which had been authorized by the national government and which the city of Naga cannot prohibit given fact that is a mere agent in the lower echelon of government.

Nonetheless, the city is not helpless in cushioning and/or protecting its constituents against the adverse impact of legal gambling especially the minors and students who may be drawn into it. Given its regulatory powers and the regulatory mechanisms herein provided, the city of Naga sees legal gambling within its territorial jurisdiction as an amusement as well as a recreational and social activity.

Section 3. Definition of Terms. – As used in Ordinance, the term:

a) Bingo- is a Philippine Amusement and Gaming Corporation (PAGCOR)sanctioned game of chance played with cards having numbered squares corresponding to numbered balls drawn at random and won by covering five squares in a row;
b) Bingo Hall- refers to the enclosed premises wherein the game bingo sanctioned by PAGCOR is held.

Section 4. Rights, Privileges and Authority.- Subject to the
provision of applicable national law, rules and regulations, the Sangguniang Panlungsod shall grant rights, privileges and authority to operate bingo in favor only of an applicant who meets the following requirements:

a) If a natural person, the applicant is at least 21 years of age, Filipino and preferably a resident of this city. If a juridical person, the applicant is organized and existing under Philippine laws, with proof thereof, and preferably with principal office in this city; and
b) The applicant possesses the requisite valid and subsisting authority from the Philippine Amusement and Gaming Corporation (PAGCOR).

Provided, that no more than two (2) franchises for bingo shall
be granted, establishing or operating within the city’s jurisdiction.

Section 5. Permit and License.- No person shall start bingo operation without first obtaining a Mayor’s Permit which may be issued only after showing that the Sangguniang Panlungsod had issued the requisite authority and the applicant has complied with the first regulatory measure herein provided.

Section 6. Regulatory Mechanisms.- Any right, privilege or authority to operate bingo shall be conditioned on the grantee’s faithful, continued and strict compliance with the following regulations, to wit:

a) On Location and Distance-

No bingo shall be established or allowed to operate within Three Hundred (300) meters from any place of worship or learning, except if the site is within a shopping center or enclosed structure hidden from the view of people outside thereof.

b) On Age Limit-

No person below 25 years of age and no students shall be allowed to place a bet or play any of the games of chance subject hereof or to enter the premises where such games are held. In case of doubt on age, the operator or owner shall require of such person necessary identification document that will ascertain his true age to qualify him to place bet or play such game of chance or enter the premises where the game of chance is being held.

c) On Date and/or Time of Operation-

Playing bingo shall start no earlier than 1:00 o’clock in the afternoon of any given day; except on special occasions and as may be permitted by the City Mayor. Provided, that no bingo shall be held during Holy Thursday and Good Friday.

d) On soundproofing device-

Soundproofing devise and such necessary enclosure shall be installed and maintained in the bingo hall to ensure that the proceedings within do not attract minors, create noise or cause disturbance to the public, particularly the adjacent or nearby establishment of learning and worship.

e) On Advertisement-

No advertisement or streamer concerning herein game of chance shall be placed or hang up in front of or within one hundred (100) meters radius of any place of worship or institute of learning in the city, except in or about the premises of the bingo hall.

Section 7. Environment and Inspection. To ensure compliance with applicable laws and regulatory measures herein provided, the public safety office of the city government of Naga is hereby empowered to enforce applicable laws, rules and regulations and/or to conduct inspection of any of the premises where the game of chance subject hereof is held on such date and time as it may deem necessary or as may be directed by the City Mayor. Its report shall be submitted to the City Mayor’s Office and the Sangguniang Panlungsod for their appropriate action.

Section 8. Penalty. In addition to or aside from the penalty under applicable national laws, rules and regulations, violation by the grantee or franchisee of any of the above regulations as well as any of the provisions hereof shall be punished as follows:

1. For the first offense- imposition of suspension of operation for a period of thirty (30) days; and
2. For the second offense- cancellation or revocation of the authority granted to the franchise or grantee.

Provided, that the penalty above provided shall be imposed
after observance of due process in a summary hearing that the City Legal Officer shall conduct for and in behalf of the City Mayor. Decision rendered pursuant thereto shall be immediately final and executory.

Section 9. Repealing Clause.- All ordinances, orders and regulations in conflict hereof, if any, are hereby modified, repealed and/or superceded.

Section 10.—Separability Clause.- The provisions of this ordinance are hereby declared to be separable and, if clause, sentence provision or section of this ordinance or application thereof to any person or circumstances should for any reason be held invalid, such invalidity shall not affect the other provisions or application of the Ordinance.

Section 11. – Effectivity.—This Ordinance shall take effect immediately upon its approval.

ENACTED ________________, 2008.

xxx xxx xxx

WE HEREBY CERTIFY to the correctness of the foregoing ordinance.


JOSE L. GRAGEDA
Secretary to the
Sangguniang Panlungsod


ATTESTED BY:


GABRIEL H. BORDADO JR.
City Vice Mayor & Presiding Officer


APPROVED:

JESSE M. ROBREDO
City Mayor