LA TRINIDAD NET CAFÉ’ ASSOCIATION, INC. (LTNCA, Inc)
#133 2nd Flr., 1993 Public Market Building
Km. 5 La Trinidad, Benguet
ORDINANCES COMMENTS AND RECOMMENDATIONS
as Presented and Discussed during the Emergency Meeting
Held on March 27,2009 at the BSU- RSDC
MUNICIPAL ORDINANCES
A. 2005 REVISED REVENUE CODE OF LTB
1. Article 4A. Mayor’s Permit Fee on Business. Sec. 4A.02 Imposition of Fees
Computer Shops:
a. Computer games/encoding/internet for first ten (10) sets or less 2,000.00
For each set in excess of 10 sets 200.00
b. Computer services (encoding, internet) for first ten (10) sets or less 1,000.00
For each set in excess of 10 sets 150.00
c. Computer services (encoding) for first ten (10) sets or less 500.00
For each set in excess of 10 sets 50.00
Recommendation:
It is recommended for computer shops to have a single classification as “Computer Services”.
Mayor’s permit fee shall be BASED ON THE NUMBER OF OPERATIONAL UNITS (units being rented out to clients) EXCEPT THE SERVER (unit used by owner/management to facilitate the business) with suggested rate as follows:
Mayor’s Permit First 10 operational units, except the server (11 units)P 1,000.00
For each set in excess of 11 units 50.00
Example: 14 operational units + 1 server = 15 units
Mayor’s Permit Fee P 1,200.00
For less than 10 operation units, Mayor’s Permit Fee
shall be computed at ………………………… 100/unit
Example: 6 operational units + 1 server = 7 units
Mayor’s Permit Fee P 600.00
It’s true that computer business have several possible services to offer. However, with the fast growing number of internet café’ and affordable internet connections, more and more now avail of residential connections and competition now came to a very tough situation wherein computer businesses struggle to survive. Moreover, having a single service to offer also is not an assurance of competitive livelihood in the industry, meaning no one would ever limit its services to a single or specific service such as encoding alone.
2. Article 6E. Charges for collection of garbage. A. Amusement Places
1. Amusement centers and establishments with coin-operated from every owner or operator of a business and other similar establishments with contrivances for the amusement. P 1,000.00
Recommendation:
It is recommended that computer shop shall be classified and separated from the #1 category, for the reason that computer operation actually offer more services than amusement, as Net/ Internet Café’
Garbage Fee Charge is based on the volume and kind/type of waste P 100.00
Computer operation indeed has waste generation which could be classified as follows:
Recyclables Papers, cartoons, plastic bottles, ink containers, busted computers
Residual Candy wrappers, Styrofoam, plastic bags, needles and the like
Biodegradable “Dust”, tissue papers, wet papers (if any)
From the above waste types, 90% of daily waste generations are recyclables and biodegradable. Residual waste accounts for only 10%. Actual volume, however, is very much less considering that most computer shops disallow eating in front of computers for safety, economic and sanitation reasons.
Further, any accredited association could be encouraged to have their Waste Management Program. Such that our association will be implementing an Operational Guidelines (Annex D: LTNCAI Proposed Guidelines: Article VI, Section A.4. Waste Management) that includes a Waste Management program in support to the Municipal Waste Management Program. Salient points include segregation of waste, precycling (reduction of waste), reuse, recycle and observance of appropriate date and time of waste disposal.
B. CODE OF ORDINANCES
1. DISTANCE OF COMPUTER SHOPS/NET CAFÉ’
Section 189. Billiard Halls (Annex A)
Article 1. No similar amusement center is to be constructed w/in 50 meters from any public office, building, plaza park or private or public educational institutions.
Comment: Section 189 specifies for Billiards Hall
Recommendation:
With the present importance of internet access and anticipated bilateral connection/coordination of computer shops/net café’ with schools and all concerns, restricting distance of computer shops/ net café’ from public office, building, plaza park or private or public educational institutions seems not realistic. It is recommended, however, to put more emphasis on how to regulate operation especially those within 50 meters adjacent to private or public educational institutions. On regulating operation within these 50 meters, an accredited association would be most helpful.
2. REGULATING CHILDREN EXPOSURE TO COMPUTER GAMES
Ordinance No.1 – 2003. La Trinidad Children’s Welfare Act
Sect 11. Control of Children’s exposure to commercial video and computer games
“NO PERSON BELOW EIGHTEEN YEARS OF AGE SHALL BE ALLOWED TO PLAY COMPUTER GAMES EXCEPT ON SATURDAYS AND SUNDAYS AND HOLIDAYS.”
Violation of this shall be penalized as follows:
1st Offense : P1,500 fine and suspension for a period of 30 days.
2nd Offense : P2,000 fine and suspension of operation for a period of 60 days
3rd Offense : P2,500 fine and revocation of business permit and subject for reconsideration
4th Offense : Permanent Closure
Recommendation:
With the uncontrolled growth of computer establishments, stiff competition is at hand and the need to give consideration of regulated gaming is justly recommended.
REGULATION
1. STUDENTS & OUT OF SCHOOL YOUTH (OSY)
1.a. Student in uniform or person below 18 years old shall not be allowed in the computer shop during class hours unless the purpose for coming into the shop is to type or print or do research for their school requirements.
1.b. OSY ages 13 and above shall be allowed to play during school hours. OSY ages 12 and below shall only be allowed to play with parent or guardian consent.
2. GAMES:
2.a. Person below eighteen years of age shall be allowed to play computer games on weekends, holidays, vacation/summer subject to the following guidelines:
Ø Children below ten (10) years old shall not be allowed to play without prior consent from parent or guardian.
Ø Elementary pupils (ages 11 – 12) shall be allowed to play until 5:30 PM only, unless with parents consent and/or accompanied by guardians.
Ø High school students are allowed to play until 7 pm only.
Ø College students are allowed to play until 9 PM in the evening.
2.b. Person below eighteen years of age shall be allowed to play computer games during school days subject to the following guidelines:
Ø Children below ten (10) years old shall not be allowed to play without prior consent from parent or guardian.
Ø Elementary pupils (ages 11 – 12) shall not be allowed to play during lunch break but are allowed to play after class from 3:30 pm to 5:30 pm. However, playing shall be allowed if with parent or guardians’ consent.
Ø High school students are allowed to play during lunch break and after class from 4 to 7 pm.
Ø College students are allowed to play until 9 PM in the evening.
3. 24-HOUR OPERATION shall be limited to adult person (19 years old and above) only. Operator/owner shall be responsible and liable for the safety and conduct of his/her client during the period of operation. Further, shops or café’s operating 24 hours shall secure required permit from the LGU as it deems necessary.
4. MONITORING. The owner of the establishment/business or his/her staff shall regularly monitor the activities of the customer.
4.a. Logbook. Log book shall be provided for cafes’ and shops’ operating 24 hours. Such log book shall be used from 9:00 PM to 6:00 in the morning.
5. CLEANLINESS AND SANITATION. The owner of the establishment/business shall strictly observe cleanliness and sanitation in his/her area.
Above recommended guidelines shall be carried in all Computer Associations’ Operational Guidelines if approved and considered. Further, the associations shall be mandated to help in the regulation and strict observance of above guidelines, if approved and considered, AMONG ITS MEMBERS.
It is also recommended that any accredited computer associations shall be given full authority and support to regulate their members. Further, associations be given authority to intercede and discipline their members in the implementation of penal provisions stipulated in the approved associations operational guidelines and to coordinate any violations, of any member that can no longer be handled by the association and of non-members to the concerned office (LGU) for appropriate action.
Example:
That our association shall be given authority intercede and support to implement the following penal provision to our members as initial action prior to implementation of existing penal provision stipulated in the existing ordinance as follows:
a) 1st Offense – Warning
b) 2nd Offense – Written Reprimand and a fine of 100.00. None payment of penalty means non-compliance and disrespect to existing association rules and regulation thus effect an automatic expulsion of membership.
c) 3rd Offense – Expulsion and Termination of Membership
d) 4th and Subsequent Offense – Further violation of Municipal Ordinance and other pertinent laws of expelled members shall be properly coordinated to the office concerned for their proper action. Close coordination shall be maintained to effect and ensure full implementation of penalty and/or appropriate action as stipulated in any applicable existing municipal ordinances.
Note: Violations by non-member shall be reported just the same by any member and/or the association to the office concerned for proper action.
B. RECOMMENDATIONS
1. NO PERMIT, NO OPERATION
CODE OF ORDINANCES: Section 188. Recreation Center (Annex A)
Article 1. Mayor’s Permit
No Mayor’s Permit, No Operation (For strict implementation)
Recommendation:
All associations and/or members shall report any violation of the above NO PERMIT, NO OPERATION.
PERMIT FEES: It is recommended that Permit Fees shall be computed prorated, specifically for those new businesses applying for business permit in the middle of the year. Penalties of late application for business permit shall only take effect if proven that a business has been operating for months prior to application of business permit.
2. CONDUCT OF RAIDS
Observations:
Ø Most raids conducted employ drastic moves that disadvantageous to both clients and shop owner.
Ø Raids conducted are not consistent among computer shops and for the whole La Trinidad.
Recommendation:
An SOP should be created involving the Local Police, Barangays, PTA, Computer Associations, DSWD, concerned NGO’s (if any) and the Municipal Gov’t of La Trinidad and shall be religiously observed during raid.
Example:
a. No costumers, regardless of age, shall be coerced or harassed during the raid.
b. Only the owner/employee shall be reprimanded during raids.
c. Civil rights should always be respected especially that any violation (if there would be) would not be regarded as brutal or murderous act.
d. Shops with ASSOCIATION STICKER (accredited) will just be noted of any violation and will be addressed to the association.
3. ADDITIONAL REQUIREMENT DURING FILING OF BUSINESS PERMITS
Ø Accreditation by LTNCAI or any accredited computer association in La Trinidad prior to Business Permit application.
Basis: City of Marikina Ordinance No. 044 S. 2006 (Annex B)
4. HEALTH / MEDICAL CERTIFICATE REQUIREMENT
Article 5G. Section 5G.01 item #2 dictates that employees and workers of business establishment who are required to secure the annual Health Certificate are food handlers, waitresses, hostesses, entertainers, etc.
Recommendation:
Based from above identified line of work required to secure Health Certificates, it is more on jobs or works involve in food preparation and with close contact to clients/costumers.
In computer operation, it’s very rare to have contact with clients because the business is self service. Possible close contact only happens during assistance, but rare, only to new net users.
It therefore strongly recommended that acquirement of Health/Medical Certificate be waved from the requirements for business permit for computer net café’ operators.
Other References:
Provincial Ordinance No. 08 – 130: An Ordinance Prescribing Guidelines and Regulations of the Operation and Service of Internet Café’ and other Similar Establishments for the Protection of Children. (Annex C)
#133 2nd Flr., 1993 Public Market Building
Km. 5 La Trinidad, Benguet
ORDINANCES COMMENTS AND RECOMMENDATIONS
as Presented and Discussed during the Emergency Meeting
Held on March 27,2009 at the BSU- RSDC
MUNICIPAL ORDINANCES
A. 2005 REVISED REVENUE CODE OF LTB
1. Article 4A. Mayor’s Permit Fee on Business. Sec. 4A.02 Imposition of Fees
Computer Shops:
a. Computer games/encoding/internet for first ten (10) sets or less 2,000.00
For each set in excess of 10 sets 200.00
b. Computer services (encoding, internet) for first ten (10) sets or less 1,000.00
For each set in excess of 10 sets 150.00
c. Computer services (encoding) for first ten (10) sets or less 500.00
For each set in excess of 10 sets 50.00
Recommendation:
It is recommended for computer shops to have a single classification as “Computer Services”.
Mayor’s permit fee shall be BASED ON THE NUMBER OF OPERATIONAL UNITS (units being rented out to clients) EXCEPT THE SERVER (unit used by owner/management to facilitate the business) with suggested rate as follows:
Mayor’s Permit First 10 operational units, except the server (11 units)P 1,000.00
For each set in excess of 11 units 50.00
Example: 14 operational units + 1 server = 15 units
Mayor’s Permit Fee P 1,200.00
For less than 10 operation units, Mayor’s Permit Fee
shall be computed at ………………………… 100/unit
Example: 6 operational units + 1 server = 7 units
Mayor’s Permit Fee P 600.00
It’s true that computer business have several possible services to offer. However, with the fast growing number of internet café’ and affordable internet connections, more and more now avail of residential connections and competition now came to a very tough situation wherein computer businesses struggle to survive. Moreover, having a single service to offer also is not an assurance of competitive livelihood in the industry, meaning no one would ever limit its services to a single or specific service such as encoding alone.
2. Article 6E. Charges for collection of garbage. A. Amusement Places
1. Amusement centers and establishments with coin-operated from every owner or operator of a business and other similar establishments with contrivances for the amusement. P 1,000.00
Recommendation:
It is recommended that computer shop shall be classified and separated from the #1 category, for the reason that computer operation actually offer more services than amusement, as Net/ Internet Café’
Garbage Fee Charge is based on the volume and kind/type of waste P 100.00
Computer operation indeed has waste generation which could be classified as follows:
Recyclables Papers, cartoons, plastic bottles, ink containers, busted computers
Residual Candy wrappers, Styrofoam, plastic bags, needles and the like
Biodegradable “Dust”, tissue papers, wet papers (if any)
From the above waste types, 90% of daily waste generations are recyclables and biodegradable. Residual waste accounts for only 10%. Actual volume, however, is very much less considering that most computer shops disallow eating in front of computers for safety, economic and sanitation reasons.
Further, any accredited association could be encouraged to have their Waste Management Program. Such that our association will be implementing an Operational Guidelines (Annex D: LTNCAI Proposed Guidelines: Article VI, Section A.4. Waste Management) that includes a Waste Management program in support to the Municipal Waste Management Program. Salient points include segregation of waste, precycling (reduction of waste), reuse, recycle and observance of appropriate date and time of waste disposal.
B. CODE OF ORDINANCES
1. DISTANCE OF COMPUTER SHOPS/NET CAFÉ’
Section 189. Billiard Halls (Annex A)
Article 1. No similar amusement center is to be constructed w/in 50 meters from any public office, building, plaza park or private or public educational institutions.
Comment: Section 189 specifies for Billiards Hall
Recommendation:
With the present importance of internet access and anticipated bilateral connection/coordination of computer shops/net café’ with schools and all concerns, restricting distance of computer shops/ net café’ from public office, building, plaza park or private or public educational institutions seems not realistic. It is recommended, however, to put more emphasis on how to regulate operation especially those within 50 meters adjacent to private or public educational institutions. On regulating operation within these 50 meters, an accredited association would be most helpful.
2. REGULATING CHILDREN EXPOSURE TO COMPUTER GAMES
Ordinance No.1 – 2003. La Trinidad Children’s Welfare Act
Sect 11. Control of Children’s exposure to commercial video and computer games
“NO PERSON BELOW EIGHTEEN YEARS OF AGE SHALL BE ALLOWED TO PLAY COMPUTER GAMES EXCEPT ON SATURDAYS AND SUNDAYS AND HOLIDAYS.”
Violation of this shall be penalized as follows:
1st Offense : P1,500 fine and suspension for a period of 30 days.
2nd Offense : P2,000 fine and suspension of operation for a period of 60 days
3rd Offense : P2,500 fine and revocation of business permit and subject for reconsideration
4th Offense : Permanent Closure
Recommendation:
With the uncontrolled growth of computer establishments, stiff competition is at hand and the need to give consideration of regulated gaming is justly recommended.
REGULATION
1. STUDENTS & OUT OF SCHOOL YOUTH (OSY)
1.a. Student in uniform or person below 18 years old shall not be allowed in the computer shop during class hours unless the purpose for coming into the shop is to type or print or do research for their school requirements.
1.b. OSY ages 13 and above shall be allowed to play during school hours. OSY ages 12 and below shall only be allowed to play with parent or guardian consent.
2. GAMES:
2.a. Person below eighteen years of age shall be allowed to play computer games on weekends, holidays, vacation/summer subject to the following guidelines:
Ø Children below ten (10) years old shall not be allowed to play without prior consent from parent or guardian.
Ø Elementary pupils (ages 11 – 12) shall be allowed to play until 5:30 PM only, unless with parents consent and/or accompanied by guardians.
Ø High school students are allowed to play until 7 pm only.
Ø College students are allowed to play until 9 PM in the evening.
2.b. Person below eighteen years of age shall be allowed to play computer games during school days subject to the following guidelines:
Ø Children below ten (10) years old shall not be allowed to play without prior consent from parent or guardian.
Ø Elementary pupils (ages 11 – 12) shall not be allowed to play during lunch break but are allowed to play after class from 3:30 pm to 5:30 pm. However, playing shall be allowed if with parent or guardians’ consent.
Ø High school students are allowed to play during lunch break and after class from 4 to 7 pm.
Ø College students are allowed to play until 9 PM in the evening.
3. 24-HOUR OPERATION shall be limited to adult person (19 years old and above) only. Operator/owner shall be responsible and liable for the safety and conduct of his/her client during the period of operation. Further, shops or café’s operating 24 hours shall secure required permit from the LGU as it deems necessary.
4. MONITORING. The owner of the establishment/business or his/her staff shall regularly monitor the activities of the customer.
4.a. Logbook. Log book shall be provided for cafes’ and shops’ operating 24 hours. Such log book shall be used from 9:00 PM to 6:00 in the morning.
5. CLEANLINESS AND SANITATION. The owner of the establishment/business shall strictly observe cleanliness and sanitation in his/her area.
Above recommended guidelines shall be carried in all Computer Associations’ Operational Guidelines if approved and considered. Further, the associations shall be mandated to help in the regulation and strict observance of above guidelines, if approved and considered, AMONG ITS MEMBERS.
It is also recommended that any accredited computer associations shall be given full authority and support to regulate their members. Further, associations be given authority to intercede and discipline their members in the implementation of penal provisions stipulated in the approved associations operational guidelines and to coordinate any violations, of any member that can no longer be handled by the association and of non-members to the concerned office (LGU) for appropriate action.
Example:
That our association shall be given authority intercede and support to implement the following penal provision to our members as initial action prior to implementation of existing penal provision stipulated in the existing ordinance as follows:
a) 1st Offense – Warning
b) 2nd Offense – Written Reprimand and a fine of 100.00. None payment of penalty means non-compliance and disrespect to existing association rules and regulation thus effect an automatic expulsion of membership.
c) 3rd Offense – Expulsion and Termination of Membership
d) 4th and Subsequent Offense – Further violation of Municipal Ordinance and other pertinent laws of expelled members shall be properly coordinated to the office concerned for their proper action. Close coordination shall be maintained to effect and ensure full implementation of penalty and/or appropriate action as stipulated in any applicable existing municipal ordinances.
Note: Violations by non-member shall be reported just the same by any member and/or the association to the office concerned for proper action.
B. RECOMMENDATIONS
1. NO PERMIT, NO OPERATION
CODE OF ORDINANCES: Section 188. Recreation Center (Annex A)
Article 1. Mayor’s Permit
No Mayor’s Permit, No Operation (For strict implementation)
Recommendation:
All associations and/or members shall report any violation of the above NO PERMIT, NO OPERATION.
PERMIT FEES: It is recommended that Permit Fees shall be computed prorated, specifically for those new businesses applying for business permit in the middle of the year. Penalties of late application for business permit shall only take effect if proven that a business has been operating for months prior to application of business permit.
2. CONDUCT OF RAIDS
Observations:
Ø Most raids conducted employ drastic moves that disadvantageous to both clients and shop owner.
Ø Raids conducted are not consistent among computer shops and for the whole La Trinidad.
Recommendation:
An SOP should be created involving the Local Police, Barangays, PTA, Computer Associations, DSWD, concerned NGO’s (if any) and the Municipal Gov’t of La Trinidad and shall be religiously observed during raid.
Example:
a. No costumers, regardless of age, shall be coerced or harassed during the raid.
b. Only the owner/employee shall be reprimanded during raids.
c. Civil rights should always be respected especially that any violation (if there would be) would not be regarded as brutal or murderous act.
d. Shops with ASSOCIATION STICKER (accredited) will just be noted of any violation and will be addressed to the association.
3. ADDITIONAL REQUIREMENT DURING FILING OF BUSINESS PERMITS
Ø Accreditation by LTNCAI or any accredited computer association in La Trinidad prior to Business Permit application.
Basis: City of Marikina Ordinance No. 044 S. 2006 (Annex B)
4. HEALTH / MEDICAL CERTIFICATE REQUIREMENT
Article 5G. Section 5G.01 item #2 dictates that employees and workers of business establishment who are required to secure the annual Health Certificate are food handlers, waitresses, hostesses, entertainers, etc.
Recommendation:
Based from above identified line of work required to secure Health Certificates, it is more on jobs or works involve in food preparation and with close contact to clients/costumers.
In computer operation, it’s very rare to have contact with clients because the business is self service. Possible close contact only happens during assistance, but rare, only to new net users.
It therefore strongly recommended that acquirement of Health/Medical Certificate be waved from the requirements for business permit for computer net café’ operators.
Other References:
Provincial Ordinance No. 08 – 130: An Ordinance Prescribing Guidelines and Regulations of the Operation and Service of Internet Café’ and other Similar Establishments for the Protection of Children. (Annex C)
Annex A. Refer to LTB Code of Ordinance
Annex B: City Ordinance of Marikina. Please refer to site below^^
http://mis.marikina.gov.ph/ordinancefiles/0442006.pdf
Annex C: Refer to Provincial Ordinance
Annex D
LA TRINIDAD NET CAFÉ’ ASSOCIATION, INC. (LTNCA, Inc)
#133 2nd Flr., 1993 Public Market Building
Km. 5 La Trinidad, Benguet
GENERAL OPERATIONAL GUIDELINES
(Proposed)
ARTICLE I
Policy Declaration
LTNCA, Inc. shall implement a General Operational Guidelines to regulate operation of its registered members (Computer Rental Shops, Internet and/or Net Café’s, Computer Gaming Shops/Centers) in consonance with the Municipality of La Trinidad’s pertinent ordinances towards promotion of cleanliness, health and safety, improvement of public morals, recognition of children’s welfare, maintenance of peace and order, and preservation of comfort and convenience of stakeholders/community as well as promotion of healthy, competitive and stable computer business industry.
Article II
LEGAL BASIS
Ø Provincial Ordinance No. 08 – 130: An Ordinance Prescribing Guidelines and Regulations of the Operation and Service of Internet Café’ and other Similar Establishments for the Protection of Children.
Ø Municipal Ordinance No. 1-2003 otherwise known as the La Trinidad Children’s Welfare Code.
Ø Municipal Ordinance No. C-001-96 (Chapter XIII, Section 188)
Ø Municipal Ordinance No. 53-98 otherwise known as the Comprehensive Solid Waste Management Ordinance of the Municipality of La Trinidad, Benguet.
Article III
COVERAGE
The policy shall apply to all Computer Rental Shops, Internet and/or Net Café’s, Computer Gaming Shops/Centers operating within the Municipality of La Trinidad, Benguet who are member of the association as follows:
a) Any business establishment with more than one (1) computer unit, offering for a fee, services including but not limited to e-mail, game, chatting, surfing, research and other services which requires the use of computers and access to the internet.
b) Business establishments which offer a combination of services such as food and internet, recreation and other similar business fusions requiring the use of computers and access to the internet, such as cyber café, arcades, lounges and other similar establishments.
Article IV
OBJECTIVES
The objectives of these operational guidelines are the following:
a) Help the local government in the regulation of its members’ establishment, operation and maintenance computer shops, Internet and/or Net Café’s in the Municipality of La Trinidad.
b) To promote business operation of its members with recognition of children’s welfare and maintenance of peace and order.
c) To preserve the comfort and convenience of stakeholders and/or the community.
d) To promote a healthy, competitive and stable business industry maintaining stable local government revenue and livelihood.
e) To uphold, support and supplement existing laws related to computer, internet/net café’ operation.
Article V
DEFINITION OF TERMS
a) Person – refers to any natural or judicial entity.
b) Minor – refers to a person below 18 years old.
c) Adult – refers to any person with ages 19 and above.
d) Internet – refers to the worldwide system of computer networks in which a use at any one computer can directly get information from any other computer in the network.
e) Internet pornography – refers to the visual representation or images showing prohibited acts mentioned in Article VI Section C.
f) Webcam – refers to a video or digital camera, usually attached directly to a computer, designed to take photographs or images and transmit them over the internet.
g) LAN (Local Area Network) – refers to a group of computers with associated devices that share a common communication line and typically share resources and data within a small geographic area.
h) Pornographic site – refers to a website with display of erotic behavior intended to cause sexual excitement.
i) Satanic site – refers to the sinister, devilish, wicked, evil and fiendish website on the internet.
j) Violent site – refers to a web site on the internet which downloads brutal, furious, vicious and forceful materials.
k) Surfing – refers to the act of exploring a sequence of web sites in a random or unplanned manner.
l) Closed cubicle – a small separate place with partition and door
Article VI
OPERATIONAL GUIDELINES
A) OPERATION
A.1. Computer Rental: Price rate per hour shall be at P20.00/ hour MINIMUM and P30.00/ hour MAXIMUM
A.2. Printing: Minimum charge for regular printing shall be P3.00 per page. Just and keen price discretion for small printouts, however, is encouraged.
A.3. Promotions: The use of OTHER PROMOTIONAL ACTIVITIES aside from the following is STRICTLY PROHIBITED:
a. 1ST 5 HOURS REGULAR RATE AT 20/HOUR (100), SUCCEEDING HOUR RATE COULD BE AS LOW AS 10/HOUR
b. PROMO IN KIND (hardcore/loyal costumers could be served with food, coffee, etc or could even be gifted with a PC depending on owners choice)
c. 50 PESOS FOR 3 STRAIGHT HOURS, less than 3 hours shall be charged with regular rate. Regular rate shall be charged for less than 3 hours after the first 3 hours. The rate of 50/3 hours could be used for 2 or more consecutive 3 straight hours.
d. “HAPPY HOURS” – a rate as low as 10/hour is allowed from 9:00 PM to 6:00 in the morning.
e. MEMBERSHIP with IN-KIND BENEFIT – similar to promo in kind, the only difference is that promo is only given to registered members.
f. CARD: A promo of 1 hour max free is given to clients/members for every 10 hours consumed in a day, week, in a month, etc.
Note: DIRECT PROMOTION OF 15/HOUR is STRICTLY NOT ALLOWED. Any or all of the above promotional activities can be implemented, individually or simultaneously, provided such promo is appropriately posted for clients’ proper information. Promotional activities are not allowed to be posted outside the shop. Any new promotional ideas shall first be recommended for study, verification and approval prior to implementation.
A.4. Waste Management:
All members are enjoined to participate and observe the existing Comprehensive Solid Waste Management Ordinance of the Municipality of La Trinidad, Benguet, whereby everyone is to observe importantly but not limited the following:
a. Precycle (Reduce waste before it occur)) - to reduce the amount of unnecessary packaging in all supplies, materials and equipment purchased
b. Reuse - The use of items and products that are re-usable as against those that are disposable is encouraged. Re-usable products and containers will result in less waste, help reduce the cost of managing solid wastes, and conserve materials and resources.
c. Recycle – operator may have their own storage area for their recyclables or bring their recyclables to the nearest junk shops or buy back outlets, preferably sorted.
d. Segregation of Waste – proper segregation of waste into recyclable, biodegradable and residual waste should be observed
e. Observance of appropriate schedule of biodegradable and residual waste disposal.
B) REGULATION
6. STUDENTS & OUT OF SCHOOL YOUTH (OSY)
1.a. Student in uniform or person below 18 years old shall not be allowed in the computer shop during class hours unless the purpose for coming into the shop is to type or print or do research for their school requirements.
1.b. OSY ages 13 and above shall be allowed to play during school hours. OSY ages 12 and below shall only be allowed to play with parent or guardian consent.
7. GAMES:
2.a. Person below eighteen years of age shall be allowed to play computer games on weekends, holidays, vacation/summer subject to the following guidelines:
Ø Children below ten (10) years old shall not be allowed to play without prior consent from parent or guardian.
Ø Elementary pupils (ages 11 – 12) shall be allowed to play until 5:30 PM only, unless with parents consent and/or accompanied by guardians.
Ø High school students are allowed to play until 7 pm only.
Ø College students are allowed to play until 9 PM in the evening.
2.b. Person below eighteen years of age shall be allowed to play computer games during school days subject to the following guidelines:
Ø Children below ten (10) years old shall not be allowed to play without prior consent from parent or guardian.
Ø Elementary pupils (ages 11 – 12) shall not be allowed to play during lunch break but are allowed to play after class from 3:30 pm to 5:30 pm. However, playing shall be allowed if with parent or guardians’ consent.
Ø High school students are allowed to play during lunch break and after class from 4 to 7 pm.
Ø College students are allowed to play until 9 PM in the evening.
8. 24-HOUR OPERATION shall be limited to adult person (19 years old and above) only. Operator/owner shall be responsible and liable for the safety and conduct of his/her client during the period of operation. Further, shops or café’s operating 24 hours shall secure required permit from the LGU as it deems necessary.
9. MONITORING. The owner of the establishment/business or his/her staff shall regularly monitor the activities of the customer.
4.a. Logbook. Log book shall be provided for cafes’ and shops’ operating 24 hours. Such log book shall be used from 9:00 PM to 6:00 in the morning.
10. CLEANLINESS AND SANITATION. The owner of the establishment/business shall strictly observe cleanliness and sanitation in his/her area.
C) PROHIBITIONS
The following acts are hereby prohibited among costumers inside internet cafes or computer gaming shops or centers.
1) Perform or exhibit in front of a digital camera, computer video camera, camera equipped mobile phones, webcam and the like, any of the following acts either for free or for consideration of promise or reward.
a. Actual or simulated sexual intercourse including genital-to-genital, oral – genital, or oral – anal whether between same or opposite sex.
b. Bestiality (sexual relations with an animal)
c. Masturbation
d. Sadistic or masochistic abuse
e. Use of vibrator or any instrument where genital, breast or pubic area of a person is exhibited.
f. Watching somebody performing activities from (a to e), or other activities which are of similar nature.
2) Surfing and viewing at websites which contain pornographic or lewd materials, satanic/violent materials is strictly prohibited.
3) Use, consume or trade prohibited drugs, intoxicating, liquor/beverages, cigarettes within the premises is prohibited.
4) Gamble on – line and/or between among costumers inside the premises is prohibited.
5) Closed cubicle with door are strictly prohibited
6) Entrance doors and windows should be transparent and must not be tinted or covered blinds.
7) In the case of students or minor age; the following acts are likewise prohibited:
a. Enter the premises wearing school uniform (except students who will be doing research work/school work during vacant/free school hours).
b. Enter the premises during school hours (except students who will be doing research work/school work in internet cafes or computer rental shops during vacant/free school hours).
8) Computer gaming shops or centers are strictly prohibited from allowing the entry of students during school hours except when accompanied by parents or guardians.
9) For both students and out-of-school of minor age, entry to the premises during curfew hours (from 9:00 PM to 6:00 AM of the following day) is likewise pro9hibited except when accompanied by a parent or guardians.
D) PENAL PROVISIONS
Any member and/or operator/owner found violating this guideline shall be penalized as follows:
a) 1st Offense – Warning/Reprimand
b) 2nd Offense – Written Reprimand and a fine of 100.00. None payment of penalty means non-compliance and disrespect to existing association rules and regulation thus effect an automatic expulsion of membership.
c) 3rd Offense – Expulsion and Termination of Membership
Further violation of Municipal Ordinance and other pertinent laws of expelled members and non-members shall be properly coordinated to the Local Government Unit concerned for their proper action.
Article XII
SEPARABILITY CLAUSE
If any clause, sentence, provision or section of these rules, including any appendices thereto, shall be held invalid or unconstitutional, the remaining parts thereof shall not be affected thereby.
AMENDMENTS & IMPLEMENTATION
This General Operational Guidelines maybe amended and/or modified from time to time by La Trinidad Net Café’ Association, Inc. (LTNCA, Inc.) and approval by the Local Government of La Trinidad for implementation.
Annex B: City Ordinance of Marikina. Please refer to site below^^
http://mis.marikina.gov.ph/ordinancefiles/0442006.pdf
Annex C: Refer to Provincial Ordinance
Annex D
LA TRINIDAD NET CAFÉ’ ASSOCIATION, INC. (LTNCA, Inc)
#133 2nd Flr., 1993 Public Market Building
Km. 5 La Trinidad, Benguet
GENERAL OPERATIONAL GUIDELINES
(Proposed)
ARTICLE I
Policy Declaration
LTNCA, Inc. shall implement a General Operational Guidelines to regulate operation of its registered members (Computer Rental Shops, Internet and/or Net Café’s, Computer Gaming Shops/Centers) in consonance with the Municipality of La Trinidad’s pertinent ordinances towards promotion of cleanliness, health and safety, improvement of public morals, recognition of children’s welfare, maintenance of peace and order, and preservation of comfort and convenience of stakeholders/community as well as promotion of healthy, competitive and stable computer business industry.
Article II
LEGAL BASIS
Ø Provincial Ordinance No. 08 – 130: An Ordinance Prescribing Guidelines and Regulations of the Operation and Service of Internet Café’ and other Similar Establishments for the Protection of Children.
Ø Municipal Ordinance No. 1-2003 otherwise known as the La Trinidad Children’s Welfare Code.
Ø Municipal Ordinance No. C-001-96 (Chapter XIII, Section 188)
Ø Municipal Ordinance No. 53-98 otherwise known as the Comprehensive Solid Waste Management Ordinance of the Municipality of La Trinidad, Benguet.
Article III
COVERAGE
The policy shall apply to all Computer Rental Shops, Internet and/or Net Café’s, Computer Gaming Shops/Centers operating within the Municipality of La Trinidad, Benguet who are member of the association as follows:
a) Any business establishment with more than one (1) computer unit, offering for a fee, services including but not limited to e-mail, game, chatting, surfing, research and other services which requires the use of computers and access to the internet.
b) Business establishments which offer a combination of services such as food and internet, recreation and other similar business fusions requiring the use of computers and access to the internet, such as cyber café, arcades, lounges and other similar establishments.
Article IV
OBJECTIVES
The objectives of these operational guidelines are the following:
a) Help the local government in the regulation of its members’ establishment, operation and maintenance computer shops, Internet and/or Net Café’s in the Municipality of La Trinidad.
b) To promote business operation of its members with recognition of children’s welfare and maintenance of peace and order.
c) To preserve the comfort and convenience of stakeholders and/or the community.
d) To promote a healthy, competitive and stable business industry maintaining stable local government revenue and livelihood.
e) To uphold, support and supplement existing laws related to computer, internet/net café’ operation.
Article V
DEFINITION OF TERMS
a) Person – refers to any natural or judicial entity.
b) Minor – refers to a person below 18 years old.
c) Adult – refers to any person with ages 19 and above.
d) Internet – refers to the worldwide system of computer networks in which a use at any one computer can directly get information from any other computer in the network.
e) Internet pornography – refers to the visual representation or images showing prohibited acts mentioned in Article VI Section C.
f) Webcam – refers to a video or digital camera, usually attached directly to a computer, designed to take photographs or images and transmit them over the internet.
g) LAN (Local Area Network) – refers to a group of computers with associated devices that share a common communication line and typically share resources and data within a small geographic area.
h) Pornographic site – refers to a website with display of erotic behavior intended to cause sexual excitement.
i) Satanic site – refers to the sinister, devilish, wicked, evil and fiendish website on the internet.
j) Violent site – refers to a web site on the internet which downloads brutal, furious, vicious and forceful materials.
k) Surfing – refers to the act of exploring a sequence of web sites in a random or unplanned manner.
l) Closed cubicle – a small separate place with partition and door
Article VI
OPERATIONAL GUIDELINES
A) OPERATION
A.1. Computer Rental: Price rate per hour shall be at P20.00/ hour MINIMUM and P30.00/ hour MAXIMUM
A.2. Printing: Minimum charge for regular printing shall be P3.00 per page. Just and keen price discretion for small printouts, however, is encouraged.
A.3. Promotions: The use of OTHER PROMOTIONAL ACTIVITIES aside from the following is STRICTLY PROHIBITED:
a. 1ST 5 HOURS REGULAR RATE AT 20/HOUR (100), SUCCEEDING HOUR RATE COULD BE AS LOW AS 10/HOUR
b. PROMO IN KIND (hardcore/loyal costumers could be served with food, coffee, etc or could even be gifted with a PC depending on owners choice)
c. 50 PESOS FOR 3 STRAIGHT HOURS, less than 3 hours shall be charged with regular rate. Regular rate shall be charged for less than 3 hours after the first 3 hours. The rate of 50/3 hours could be used for 2 or more consecutive 3 straight hours.
d. “HAPPY HOURS” – a rate as low as 10/hour is allowed from 9:00 PM to 6:00 in the morning.
e. MEMBERSHIP with IN-KIND BENEFIT – similar to promo in kind, the only difference is that promo is only given to registered members.
f. CARD: A promo of 1 hour max free is given to clients/members for every 10 hours consumed in a day, week, in a month, etc.
Note: DIRECT PROMOTION OF 15/HOUR is STRICTLY NOT ALLOWED. Any or all of the above promotional activities can be implemented, individually or simultaneously, provided such promo is appropriately posted for clients’ proper information. Promotional activities are not allowed to be posted outside the shop. Any new promotional ideas shall first be recommended for study, verification and approval prior to implementation.
A.4. Waste Management:
All members are enjoined to participate and observe the existing Comprehensive Solid Waste Management Ordinance of the Municipality of La Trinidad, Benguet, whereby everyone is to observe importantly but not limited the following:
a. Precycle (Reduce waste before it occur)) - to reduce the amount of unnecessary packaging in all supplies, materials and equipment purchased
b. Reuse - The use of items and products that are re-usable as against those that are disposable is encouraged. Re-usable products and containers will result in less waste, help reduce the cost of managing solid wastes, and conserve materials and resources.
c. Recycle – operator may have their own storage area for their recyclables or bring their recyclables to the nearest junk shops or buy back outlets, preferably sorted.
d. Segregation of Waste – proper segregation of waste into recyclable, biodegradable and residual waste should be observed
e. Observance of appropriate schedule of biodegradable and residual waste disposal.
B) REGULATION
6. STUDENTS & OUT OF SCHOOL YOUTH (OSY)
1.a. Student in uniform or person below 18 years old shall not be allowed in the computer shop during class hours unless the purpose for coming into the shop is to type or print or do research for their school requirements.
1.b. OSY ages 13 and above shall be allowed to play during school hours. OSY ages 12 and below shall only be allowed to play with parent or guardian consent.
7. GAMES:
2.a. Person below eighteen years of age shall be allowed to play computer games on weekends, holidays, vacation/summer subject to the following guidelines:
Ø Children below ten (10) years old shall not be allowed to play without prior consent from parent or guardian.
Ø Elementary pupils (ages 11 – 12) shall be allowed to play until 5:30 PM only, unless with parents consent and/or accompanied by guardians.
Ø High school students are allowed to play until 7 pm only.
Ø College students are allowed to play until 9 PM in the evening.
2.b. Person below eighteen years of age shall be allowed to play computer games during school days subject to the following guidelines:
Ø Children below ten (10) years old shall not be allowed to play without prior consent from parent or guardian.
Ø Elementary pupils (ages 11 – 12) shall not be allowed to play during lunch break but are allowed to play after class from 3:30 pm to 5:30 pm. However, playing shall be allowed if with parent or guardians’ consent.
Ø High school students are allowed to play during lunch break and after class from 4 to 7 pm.
Ø College students are allowed to play until 9 PM in the evening.
8. 24-HOUR OPERATION shall be limited to adult person (19 years old and above) only. Operator/owner shall be responsible and liable for the safety and conduct of his/her client during the period of operation. Further, shops or café’s operating 24 hours shall secure required permit from the LGU as it deems necessary.
9. MONITORING. The owner of the establishment/business or his/her staff shall regularly monitor the activities of the customer.
4.a. Logbook. Log book shall be provided for cafes’ and shops’ operating 24 hours. Such log book shall be used from 9:00 PM to 6:00 in the morning.
10. CLEANLINESS AND SANITATION. The owner of the establishment/business shall strictly observe cleanliness and sanitation in his/her area.
C) PROHIBITIONS
The following acts are hereby prohibited among costumers inside internet cafes or computer gaming shops or centers.
1) Perform or exhibit in front of a digital camera, computer video camera, camera equipped mobile phones, webcam and the like, any of the following acts either for free or for consideration of promise or reward.
a. Actual or simulated sexual intercourse including genital-to-genital, oral – genital, or oral – anal whether between same or opposite sex.
b. Bestiality (sexual relations with an animal)
c. Masturbation
d. Sadistic or masochistic abuse
e. Use of vibrator or any instrument where genital, breast or pubic area of a person is exhibited.
f. Watching somebody performing activities from (a to e), or other activities which are of similar nature.
2) Surfing and viewing at websites which contain pornographic or lewd materials, satanic/violent materials is strictly prohibited.
3) Use, consume or trade prohibited drugs, intoxicating, liquor/beverages, cigarettes within the premises is prohibited.
4) Gamble on – line and/or between among costumers inside the premises is prohibited.
5) Closed cubicle with door are strictly prohibited
6) Entrance doors and windows should be transparent and must not be tinted or covered blinds.
7) In the case of students or minor age; the following acts are likewise prohibited:
a. Enter the premises wearing school uniform (except students who will be doing research work/school work during vacant/free school hours).
b. Enter the premises during school hours (except students who will be doing research work/school work in internet cafes or computer rental shops during vacant/free school hours).
8) Computer gaming shops or centers are strictly prohibited from allowing the entry of students during school hours except when accompanied by parents or guardians.
9) For both students and out-of-school of minor age, entry to the premises during curfew hours (from 9:00 PM to 6:00 AM of the following day) is likewise pro9hibited except when accompanied by a parent or guardians.
D) PENAL PROVISIONS
Any member and/or operator/owner found violating this guideline shall be penalized as follows:
a) 1st Offense – Warning/Reprimand
b) 2nd Offense – Written Reprimand and a fine of 100.00. None payment of penalty means non-compliance and disrespect to existing association rules and regulation thus effect an automatic expulsion of membership.
c) 3rd Offense – Expulsion and Termination of Membership
Further violation of Municipal Ordinance and other pertinent laws of expelled members and non-members shall be properly coordinated to the Local Government Unit concerned for their proper action.
Article XII
SEPARABILITY CLAUSE
If any clause, sentence, provision or section of these rules, including any appendices thereto, shall be held invalid or unconstitutional, the remaining parts thereof shall not be affected thereby.
AMENDMENTS & IMPLEMENTATION
This General Operational Guidelines maybe amended and/or modified from time to time by La Trinidad Net Café’ Association, Inc. (LTNCA, Inc.) and approval by the Local Government of La Trinidad for implementation.
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