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Republic of the Philippines

SANGGUNIANG PANNLUNGSOD
CITY OF MAKATI

PRESENT:

Vice Mayor
Councilor

ERNESTO S. MERCADO
ISRAEL S. CRUZADO
FERDINAND T. EUSEBIO
ERLINDA S. GONZALES
OSCAR M. IBAY
DIVINA A. JACOME
RICARDO S. JAVIER
FRANCISCO Z. LICHAUCO
ROMEO C. MEDINA
NELSON S. PASIA
SALVADOR D. PANGILINAN
ASTOLFO C. PIMENTEL
RICO J. PUNO
LIBERATO G. SIARON
ELIAS V. TOLENTINO, JR.
JOHNY S. WILSON
MONIQUE YASMIN Q. LAGDAMEO-SK
RODOLFO SESE- ABC President

President

ABSENT:
Councilor

JEJOMAR ERWIN S. BINAY Vacation Leave

By unanimous vote of the members present, the following city Ordinance was enacted on third and
final reading:
CITY ORDINANCE NO.2002-007
Authors: Councilors L.G. Siaron. R.J. Puno, R.S. Javier
AN ORDINANCE PRESCRIBING RULES AND REGULATIONS FOR THE OPERATIONS
OF MOBILE-CANTEENS IN MAKATI CITY, AND PROVIDING PENALTIES FOR
VIOLATION THEREOF AND FOR OTHER PURPOSES
WHEREAS, there are several mobile canteens plying their trade along the street of Makati City,
especially in the Makati Central Business District, which pose serious threats or problems not only to
the maintenance and development of the city streets and thoroughfares, but more importantly, to
health and safety of the residents and those working or visiting the city;

WHEREAS, due to the deterioration of the City streets and thoroughfares and the unsanitary and
unregulated business practices of mobile canteens, there is an urgent need to address the said
deterioration and rising health, sanitation and safety problems threatening the people mention above;
NOW THEREFORE BE IT ENACTED AS IT IS HEREBY ENACTED BY THE
SANGGUNIANG PANLUNGSOD OF MAKATI, BY VIRTUE OF POWER VESTED IN IT
BY LAW, IN SESSION ASSEMBLED THAT:
Section 1. It is hereby implemented in the City of Makati the following guidelines or rules and
regulations for operations of all mobile canteens in Makati City, to wit:
A,

PROHIBITION AGAINTS UNAUTHORIZED OPERATION OF MOBILE


CANTEENS - Operation of all mobile canteens is hereby declared illegal unless
otherwise authorized by the City or this Ordinance. Mobile canteens operations
conducted in violation of any of this provision of this ordinance are hereby declared as
public nuisance, which shall be subjected to summary abatement, without judicial
proceedings, pursuant to Article 699(3), 700 and 702 of the New Civil Code.

B.

DEFINITION - Mobile canteens refers to the street vendors using vehicles or any
stationary or mobile structures to ply their trade or to sell food items, namely, but not
limited to, fish balls, kikiam, squid balls, rice, various viands, banana que, kamote que,
turon and any other food and non-food items on any street or thoroughfares of the City
and/or any open lot.

C.

AUTHORIZED OPERATION OF MOBILE CANTEEN Only authorized mobile


canteens meeting the standards and requirements set forth in this Ordinance will be
allowed to operate in the City of Makati at designated places to be identified by the City
or representative.

D.

AREA OF OPERATIONS The area of operations of all authorized mobile canteens


shall be limited within the on-street parking slots identified and designated by the Office
of the Mayor (OM). In no case however, shall street vending be allowed along all
streets/roadways declared as NO Parking/Tow-away Zones.

E.

DESIGN AND NUMBER OF FOOD TRAILERS For aesthetic and uniformity


purposes, the number of food trailers (mobile canteens) will be limited in number and
fabricated according to a design approved by the City.

F.

MANAGEMENT AND MONITORING OF COMPLIANCE - The management and


monitoring of the operation of the food trailers shall be awarded to a contractor
authorized by the City.

G. PRE-QUALIFICATIONS OF OPERATORS.
G.1. BONAFIED RESIDENTS OF MAKATI. Only applicants who are resident of
Makati City shall be allowed to operate a food trailer within the City. Proof of
residency in Makati Shall be further verified and confirmed thru the following:
G.1.1 Submission of photocopy of either Voters ID or certification from the
COMELEC. The original copy of the same shall be presented for
added verification if so required.
G.1.2. Submission of original copy of Barangay Clearance/Certificate.
G.1.3. Actual B.I check to be conducted by the City or its representative.
H. REQUIREMENTS FOR QUALIFIED APPLICANTS
H.1. Endorsement of Makati City DSWD
H.2. Clearance from Makati City Health Office
H.3. Business Permit

I. OPERATIONS
I.1. Operating Hours: From 6:30 AM to 7:30 pm, Monday to Sunday. No person shall be
allowed to stay after the operating hours. Outside the Makati Central Business District,
longer operating hours may be allowed.
I.2. Use and Washing of Wares. Use of plates, cups spoon, forks, and knives shall be limited
to disposable types. However, metal type and other types of cooking utensils, cooking
pan/pots, frying pans, dish pans, and food containers shall be allowed.
Washing of food containers, cooking pots/pans, frying pans, and the like must be done in
the sink provided in the Food Trailer. Used oil must not be deposited in the sink. In no
instance shall washing of any materials and utensils be allowed on the street/roadway
and/or sidewalk.
I.3. Disposal of Garbage and Cleanliness. Waste segregation program shall be strictly
observed. Disposal of trash, oil, grease, plastic bags and the likes should not be done in
the drainage facilities or any place not so provided for the purpose. Garbage/trash must
be segregated and put in color coded trash bags and must be brought to the designated
collection points.
Draining of the water deposits from the sink shall be the responsibility of the operator.
Drained water should be put in a container and must be disposed properly.
Maintenance of the cleanliness of the Food Trailer and its surrounding areas shall be the
responsibility of the operator.
I.4. Pets and Animals. Bringing of pets, live fowls and other animals is strictly prohibited.
I.5. Utilities. Water and electric power tapping are strictly prohibited. Daily supply of clean
and safe drinking water shall be the responsibility of the operator. The operator shall also
supply its own lighting paraphernalia duly approved by the contractor.
I.6. Operations of radios. Radio sets should be operated in such level of volume that would
not annoy others. Operations of any other sounding/audio devices, as well as the
operation of videoke machines and the like, are strictly prohibited.
I.7. Manning of Food Trailer. Persons manning the Food Trailer shall be limited to a
maximum of two (2) at any time. These persons must be possess health permits issued by
Makati City Health Office and must be clad in uniforms prescribed by the City or its
representative, and should wear identification card issued by the City or its
representative. It is understood that persons manning the Food Trailers are not employees
of the City or its representative.
I.8. Cooking safety Standards
I.8.1. Except for a two (2) burner gas stoves which is fueled by LPG, no other type of
stove shall be allowed. Two (2) 11 kg LPG cylinders shall be allowed to be
placed/stored in the places so provided in the Food Trailers.
I.8.2. The Food Trailer shall be equipped with fire extinguishers, to be provided by
the operator, for use in case of fire. These fire extinguishers will be
periodically inspected by the city or its representative for its usefulness.
I.8.3 Other than cooking of kamote que, banana que, turon, maruya, fish balls,
squidballs, kikiam and other similar snack food items including rice, no food
shall be allowed to be cooked inside the Food Trailer or within its proximity.
However, pre-cooked foods shall be allowed to be heated whenever necessary.
I.8.4. Full/empty softdrink bottles/cans, fruits, vegetables, and any other uncooked
food items must be stacked in the places so provided in the Food Trailer.
Stacking of these items on the sidewalk, roadway and/or on the roof of the
Food Trailer are strictly prohibited.

I.8.5. Items for sale shall be limited to food items, soft drinks, cigarettes, candies,
chocolate bars and gums. Additional confectionary items, personal
consumables, reading materials like newspapers, phone cards and other similar
items of limited quantities may be sold upon approval by the City or its
representative.
Sale of any of the following items shall be prohibited:
1.
2.
3.
4.
5.
6.
7.
8.

Alcoholic beverages (eg. Beer, rum, gin and the like.)


Pornographic magazines/VCDs/DVDs/VHS tapes
Clothes and clothing materials
Novelty and gift items
Housewares, kitchenwares, and glasswares
Hardwares
Office supplies
Drugs and other regulated products

I.9. Posting of advertisement/posters/signs. Except for the price list of foods, the posting of
any material intended for advertisement, announcements, posters and signs, without the
expressed approval of the City or its representative shall not be allowed.
I.10. Alteration/modification of Food Trailer. Alteration and/or modification of the exterior
and interior of the Food Trailer is not allowed without the expressed approval of the City
or its representative.
I.11. Serving of Food. No food shall be served and permitted to be consumed inside the Food
Trailer. Serving and consumption of the food shall be done in the counter so provided
for the purpose and in such a manner that the roadway/sidewalk is not obstructed. Extra
benches, chairs, stools and tables apart from those provided in the Food Trailer shall not
be allowed therein and/or on the roadway/sidewalk.
I.12. Display of Items. No items/materials for sale of otherwise, shall be hanged in around
and on top of the Food Trailer.
I.13. Flammable Materials. No flammable materials shall be stored in the Food Trailer.
I.14. Security of the Food Trailer. Loss of built-in appliances and fire extinguisher in the
Food Trailer, as well as loss of personal properties and/or valuable items left by the
operator in the Food Trailer, shall be his/her responsibility. The operator must ensure
that all openings of food Trailer are closed and securely locked during off-operating
hours.
I.15. Damage to Food Trailer. The operator shall be liable for any damage incurred by the
Food Trailer particularly those which are found to have been caused by his/her
negligence.
I.16. Injury/Death. The operator shall be held solely responsible for injuries/deaths and
damages to property, life or health that may occur in connection with the operations of
the Food Trailer and shall hold the City and its representative free and harmless from
any liability.
I.17. Other Prohibited Acts in the Food Trailer
1.
2.
3.
4.
5.

Gambling
Drinking intoxicating beverages
Use of prohibited drugs
Using the Food Trailer as place of domicile or overnight sleeping quarters
Any other scandalous acts and sex acts

Section 2. Authority of the Mayor The City Mayor is hereby authorized to issue additional rules
and regulations, if necessary, to effectively implement this Ordinance. Further, the City Mayor is
authorized to enter into a Memorandum of Agreement with the winning bidder to fabricate food
trailers to manage the operations thereof, subject to the ratification of the Sangguniang Panlungsod
and to all legal and existing rules and regulations.

Section 3. Penalties Any person, owner, operator, proprietor, employee, agent, who shall conduct
street vending in violation of this Ordinance, shall be penalized as follows:
1st Offence Fine of Five Thousand Pesos (P5,000)
2nd Offence Fine of Five Thousand Pesos (P5,000) and/or cancellation of license.
Section 4. Repealing Clause. All ordinance/s contrary to or inconsistent with any provisions of this
Ordinance are hereby repealed and annulled.
Section 5. Separability Clause If for any reasons any part of provisions of this Ordinance shall be
held unconstitutional or invalid, other parts of provisions thereof which are not affected thereby shall
continue to be in full force and effect.
Section 6. Effectivity This Ordinance shall take effect after fifteen (15) days following its
publication in a newspaper of local circulation or posting at conspicuous places in Makati City.

ENACTED BY THE SANGGUNIANG PANLUNGSOD OF MAKATI, METRO MANILA, in its


regular session held on March 19, 2002.
Certified true and correct by:

ROGELIO U. MARASIGAN
City Secretary
Attested by:

ERNESTO S. MERCADO
Vice Mayor & Presiding Officer
APPROVED:

JEJOMAR C. BINAY
City Mayor

rrn/etc

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