Tourism Code August1, 2019
Tourism Code August1, 2019
Tourism Code August1, 2019
Section 2. Scope – This Tourism Code shall be applicable within the territorial
jurisdiction of the City/Municipality of _____________ and its municipal waters.
Section 4. Republic Act No. 7160 – The Local Government Code of 1991 –
The Local Government Code states in its General Provisions that the
City/Municipality administers all tourism facilities and other tourist
attractions including the acquisition of equipment, regulation and supervision
of business concessions, and security services for such facilities and is
responsible for sustainable tourism development and promotion of programs.
a. Balanced development will be the ultimate goal, making sure that social,
environmental and economic goals are achieved.
b. Support will be given to all stakeholders who are interested in venturing
in tourism related businesses and are willing to apply principles of
sustainable development.
c. Special support will be given to the marginalized sector of the community
so that they can also engage in tourism related micro-enterprises and
achieve financial freedom.
d. The City/Municipality will apply inter-generational thinking in its
decision-making process, aim for long term goals and select development
options that will be beneficial to the majority.
e. The City/Municipality will apply the precautionary principle in assessing
risks related to any plans and/or developments sought to improve its
tourism products and/or resources.
f. The City/Municipal Government shall ensure that tourism development
will protect and promote the general welfare of local residents, especially
women and children, and that any act of exploitation of women and
children in tourism will not be tolerated.
Section 11. Major tourism ventures – For purposes of this Ordinance the
following shall be considered as major tourism ventures: (Tourism Act)
Section 13. Prohibited and punishable act – Acts prohibited and punishable
under this Ordinance shall include, but not limited to the following: (best
practice; based on diff. guidelines)
Section 14. Safety and security – Local police force may be augmented in
order to give way to the establishment of local tourist police force that will
protect tourists and local residents against crimes. (RA 7160)
Provided further that the following criteria which may be expanded, will be
applied in identifying an tourism site: (DOT guidelines; best practice)
a. The area must be rich in natural and cultural attractions and conducive
to adventure, educational or cultural travel;
b. The area has unique features which may be very interesting and
educational for visitors;
c. The area is rich in terms of the number of flora and fauna and the
number of endemic species and endangered wildlife;
d. The areas is not seriously threatened by industries like logging and
mining which may destroy the attraction or potential attraction;
e. The historical and cultural attractions of the area are considered
outstanding and are very important part of the history and culture of the
country;
f. Tourism may help in the rehabilitation and preservation of the
biodiversity or environment of the area;
g. The native or tribal traditions of the people in the destinations are
preserved. Such place shall be open for tourism purposes only with the
consent of the ICCs/IPs;
h. For marine environment, the area must be diverse in marine life;
i. The site must be accessible by land, air and/or sea;
j. The site should be free from issues related peace and order, political
conflicts and war;
k. The site should not be vulnerable to landslides, flooding or any other
natural disastrous occurrences;
Section 20. Heritage zones – Identified and recognized heritage zones shall be
maintained by the City/Municipal Government, in accordance but not limited
to, the guidelines set by RA 10066 a.k.a. the National Cultural Heritage Act:
(National Cultural Heritage Act)
Section 22. Parks and gardens – The City/Municipal Tourism Council shall
provide measures, assistance and activities that will develop the
City/Municipal parks and gardens. Local communities will be encouraged to
develop organic/natural gardens around their homes for aesthetic purposes
and for food self-reliance. (best practice)
Section 23. Sensitive areas – The City/Municipal Tourism Council shall issue
advisories for the purpose of regulating visitor behavior in sites, mangrove
areas, ancient churches, ancestral houses and other sites, which are not
necessarily limited to those identified as heritage or ecotourism sites. (best
practice)
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Section 24. Parking – The City/Municipal Tourism Council shall identify and
construct adequate pay parking areas near tourism sites. (best practice)
parking area; (f) trails; (g) restrooms, (h) community kitchen; and (j)
camping area.
Section 32. Free, prior and informed consent (FPIC) – No tourism related
activity shall be conducted within the ancestral domains or land of Indigenous
cultural communities (ICCs)/Indigenous Peoples (IPs) without their FPIC.
(IPRA)
Section 33. Protection of children and/or minors and women from sexual
exploitation in tourism – The City/Municipal Government shall ensure that
children and women are protected from dangers of sexual abuse and
exploitation as an effect of tourism. Tourism related or oriented establishments
that encourage sex tourism or prostitution shall not be tolerated.
Section 36. Dialogues and forums – The City/Municipal tourism council will
facilitate regular meetings and gathering by industry practitioners, including
entrepreneurs from the private sector and organized communities to discuss
milestones, as well as issues and concerns, and find pragmatic solutions and
interventions.
Section 40. Tenure for social enterprises in private and public land – The
City/Municipal Tourism Council and the City/Municipal Government will
assist the social enterprises in securing tenurial instruments in the form of
lease contracts, donations or instruments of DENR such as Community-based
forest management (CBFM), Forest Land Agreement for Tourism (FLAGT),
Protected Area Community Based Resource Management Agreement
(PACBRMA) and similar instruments.
a. Land-based activities
1. Hiking and trekking on developed and well maintained trails.
2. Camping in designated and developed campsites.
3. Rock climbing and rappelling in areas that had been determined to
be safe and appropriate for such activities. Sites of geological,
cultural and scientific interests are avoided.
4. Wildlife observation such as birding, whale and dolphin watching,
wherein species are not threatened or disturbed.
b. Water-based activities
1. Snorkeling in designated snorkeling areas and facilitated by reef
rangers or trained snorkeling guides.
2. Scuba diving with a dive master or SCUBA diving instructor and
only in designated dive sites.
3. Marine wildlife observation such as dolphin or whale watching,
wherein species are not threatened or disturbed.
4. Paddling or river tours facilitated by trained paddling guides.
c. Subterranean activities
1. Caving / spelunking only in caves that had been rated by DENR,
and where experts have found it safe to be opened to public.
Provided further that visitors undergo the following prior to the start of the
tour:
Section 46. Basic standard requirement for pension houses – For the
purpose of accreditation and licensing by DOT and registration by the
City/Municipal Tourism Council, the following are basic requirements for the
establishment, operation and maintenance of pension houses: (DOT guidelines)
a. Number of rooms – A pension house shall have at least five (5) lettable
rooms.
b. Bedrooms – The bedrooms shall be provided with sufficient number of
comfortable beds commensurate with the size of the rooms. Each room
shall have adequate natural as well as artificial light and ventilation. It
shall be provided with at least a
f. Dining Room – The pension shall have a dining room, which shall be
available for use of its guests.
Section 47. Minimum requirement for travel agencies and tour operators
– The travel agency and tour operator shall comply with the following office
requirements: (DOT guidelines; best practice)
Section 49. Basic requirements for tourist water transport vessels more
than 20 gross tonnage – For purposes registration and licensing, the following
are the basic requirements for the operation and maintenance of a tourist
water transport: (DOT guidelines)
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a. Restrooms – There shall be at least one restroom each with toilet and
washing facilities for male and female located at the passenger
accommodation area. In addition, there shall be a common toilet and
bath at the cabin area for long-haul trip. Tissue paper, soap and
hand/paper towel shall also be provided.
b. Reception – A receptionist shall be available to usher in guests.
c. Refreshment and dining area – There shall be a refreshment area, which
shall be well stocked at all times. In case of long-haul trips, a dining area
capable of
seating, at least, one-fourth (I/4) of the total passengers at one serving
shall be provided with appropriate and well-maintained furniture.
d. Promenade area – There shall be a promenade or airing space at the
upper deck for the exclusive use of passengers.
e. Baggage area – There shall be a baggage area provided with racks or
similar convenient and safe storage in the passenger accommodation
areas.
f. Service and staff – Adequate number of well trained, well groomed,
experienced, efficient and courteous staff shall be employed. They shall
wear clean uniforms at all times.
g. Lighting – Adequate lighting arrangement and fixtures shall be installed
in all levels of the vessel in accordance with the Philippine Merchant
Marine Rules and Regulations.
h. Life-saving equipment – Adequate life-saving device shall be provided in
accordance with the MARINA Regulations.
i. Communication Equipment – Adequate communication equipment shall
be provided in accordance with the MARINA Regulations.
Section 53. Priority employment for local residents – To ensure that local
economy will develop as a result of tourism development, tourism related and
oriented establishments and business shall give priority to hiring local
residents. Further, the ratio of local employees should be 70% while only 30%
of its staff roster could be non-locals or foreign nationals. Furthermore, there
should be equal opportunities for training and employment regardless of
gender and sexual orientation. (best practice)
Government shall create a privilege card that will be given to all local
taxpayers. The card entitles the holder to a discount of no more than 10 % of
the package cost. (best practice)
Section 56. Taxes and fees – Tourism related and oriented establishments
and businesses, otherwise exempt, shall pay all taxes as required by law
including, but not limited to: (a) Income tax; (b) value added tax; (c)
withholding tax; (d) documentary stamps tax; (e) capital gains tax; (f) local
business tax; (g) real property tax; (h) community tax; (i) occupation fees; (j)
registration, accreditation and permit fees; etc., (Regular tax)
Section 58. Sharing scheme for destination management fee – The amount
collected for destination management in each of the tourism sites shall be
proportionately shared between the City/Municipality, the City/Municipal
tourism council and the barangay where the site is located at the ratio of fifty
percent (50%) for the LGU, and twenty-five percent (25%) each for the council
and the barangay. (best practice)
but also primarily for the improvement of lives of the local community, in
compliance to Presidential Decree No. 856 a.k.a. Code on Sanitation.
Section 63. Safety and first aid – To promote safety in tourism sites the
following shall be implemented:
Section 64. Stray animals – Animals, fowls and pets shall be housed in
appropriate kennels, cages or private compounds. Stray animals will not be
allowed in public places, tourism areas, including birding sites. All dogs and
cats should have regular rabies shots.
Section 66. Toilet and washing facilities – Adequate toilet facilities, for male
and female, shall be provided in tourist and public areas, including campsites,
parks, trails and viewing areas. Toilets, whenever possible, shall have good
water supply, illumination and ventilation. If water supply is limited, dry or
composting toilets may be used. Further, adequate hand-washing facilities
shall be provided within or adjacent to the toilet room.
a. No person shall use any room or place for or in connection with the
preparation, storage, handling or sale of any article of food –
1. Which is at anytime used or in direct communication with a
sleeping apartment or toilet;
2. In which any animal is kept; or
3. Which is or has been used for any purpose which would be likely
to contaminate the food or to affect injuriously its wholesomeness
or cleanliness; or
4. Which is not used exclusively for the purpose. Provided that in
department stores or multi-purpose business establishments, food
may be manufactured, prepared, cooked, stored, or sold only in
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the area set aside exclusively for said purpose and for which a
sanitary permit has been issued.
b. No sanitary permit shall be issued for any premises to be used for the
preparation, handling and sale of food unless it is constructed in
accordance with the following requirements:
1. The Floors shall be
i. Constructed of concrete or other impervious and easily
cleaned material that is resistant to wear and corrosion and
shall be adequately graded and drained; all angles between
the floors and walls shall be rounded off to a height of not
less than 3 inches (7.62 cm.) from the floor; or
ii. Constructed of wood with dovetailed or tongue and grooved
floor boards laid on a firm foundation and tightly clamped
together with all angles between the floor and walls rounded
off to a height of 3 inches (7.62 cm.); or
iii. Constructed in accordance with the requirements of sub-
clause (i) and (ii) of this clause and covered with linoleum,
smooth surfaced rubber or similar material fixed to the floor
with cement or suitable adhesive: Provided, That with the
approval in writing of the local authority, floors may be
covered with carpets or other floor covering in those parts of
the premises where such carpets or coverings can be
satisfactorily cleaned and maintained.
2. Walls
i. The internal surface of walls shall have a smooth, even, non-
absorbent surface capable of being readily cleaned without
damage to the surface and constructed of dust-proof
materials;
ii. The walls, where subject to wetting or splashing, shall be
constructed of impervious, non-absorbent materials to a
height of not less than 79 inches (2 meters) from the floor;
iii. The internal walls shall be painted in light colors or treated
with such other wall finish as the health authority may
prescribe
3. Ceilings
i. All ceilings or, if no ceiling is provided, the entire under-
surface of the roof shall be dust-proof and washable;
ii. The ceiling or undersurface of the roof of rooms in which
food is prepared or packed or in which utensils or hands are
washed shall be smooth, non-absorbent and light.
4. Lighting
i. The general standards of illumination provided shall permit
effective inspection and cleaning and shall be of sufficient
intensity appropriate to the purpose for which any room or
place is used;
ii. In rooms where food is prepared or packed or in which
utensils or hands are washed there shall be a minimum
illumination intensity of 20 foot-candles; in premises where
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a. Hand contacts with food or drink shall be avoided; fingers shall not be
used to serve butter, ice, or similar items of food. Sugar shall be served
in covered dispensers or containers, or in packages wrapped for single
service.
b. The surfaces of containers and utensils, including glasses and table
wares, which come in contact with food and drink shall not be handled.
c. Clean cloths, napkins, spoons, towels, and other cloth equipment shall
be stored in clean places designated specifically for them. Soiled linens,
including towels, aprons and uniforms, shall be stored in a closed bin or
locker, suitably marked.
d. Spoons, spatulas, dippers and scoops used intermittently for dispensing
frozen desserts shall be kept in running water or in water maintained at
170°F/77°C and frequently changed, or they may be washed and stored
in a dry place after each use. Constant-temperature bottles and other
containers used for potable water and other beverages shall be kept
clean and given effective bactericidal treatment before and after
subsequent use.
a. Spaces where food and drinks are stored, prepared and served shall be
so constructed and maintained as to exclude vermin.
b. Establishment owners, operators, or administrators shall maintain a
vermin abatement program. Failure to maintain a vermin abatement
program is a violation and will be penalized.
Section 79. Rest areas, bus terminals, bus stops and service stations -
Rest areas, bus terminals, bus stops and service station areas with one or
more permanent sheds, buildings and service facilities for motor vehicles shall
be provided with sanitary facilities for the convenience and personally
necessities of the travelling public.
Section 80. Camps and picnic grounds – No camps and picnic grounds shall
be open for public patronage without a sanitary permit.
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Further,
a. Camps and picnic ground sites shall not be subject to flooding, must be
well drained, distant from any source of nuisance and will not endanger
sources of any public supply of water.
b. Camp and picnic houses shall be provided with adequate lighting and
ventilation.
c. Adequate and safe drinking water shall be available at all times.
d. Adequate number of sanitary facilities shall be provided.
e. Camps and picnic grounds shall at all times be maintained clean, free
from litter and accumulated rubbish.
f. Vermin control program must be done, as necessary.
Section 82. Port, airport, vessel and aircraft sanitation – The following
sanitary requirements shall be applied for port and airport sanitation:
a. Every port and airport shall be provided with potable drinking water and
wholesome food supplied from approved sources.
b. The drinking water and food shall be stored and handled in a manner to
ensure their protection against contamination. The local health authority
shall conduct periodic inspections of equipment, installations and
premises, and collect regularly samples of water and food for laboratory
examination to determine if they are fit for human consumption.
c. The local health authority for each port and airport shall take all
practicable measures to keep port and airport installation free of
rodents.
d. Every port of entry and the area within the perimeter of an airport of
entry shall be kept free from mosquito vectors of yellow fever, malaria
and other diseases of epidemiological significance.
Section 86. Polluter’s pay principle – Polluters shall pay for the damage they
cause to the environment. The amount of damages shall be determined by the
City/Municipal Tourism Council, the Composite Inspection Team and
independent consultants. (Clean air act; best practice)
Section 87. Priority use of water – All existing use of water resources in the
areas shall be covered by a water permit or registration. If in ancestral domain
or lands of ICCs/IPs, the applicant shall get the FPIC of the community. In all
instances, priority shall be given to use of water for domestic, municipal, and
agricultural purposes. If potential negative impact on other water users is
identified, the water permit shall not be granted. (Water Code; best practice)
a. Proof of land ownership of, legal title to, or right to use, the property on
which the water source is situated;
b. Certificate of Registration from relevant agencies
c. Vicinity Map/Location Plan with scale 1:10,000 or 1:50,000 showing the
exact location of the point of diversion;
d. Brief description of the project stating among others, how water will be
used, amount of water needed, etc.;
e. Well Drilling Data (in case of existing groundwater source);
f. Certificate of Potability (including Physical and Chemical Analysis of
water); (if applicable);
g. ECC (for projects considered as Environmentally Critical Projects or
projects located in Environmentally Critical Areas) or Certificate of Non-
Coverage from DENR-Regional Office;
h. Such other documents that may be required by the National Water
Resources Board.
Section 91. Dumping of waste – Dumping of waste in any body of water shall
be strictly prohibited. (general envi laws; best practice)
Section 94. Ban on incineration – Burning of solid waste is illegal and shall
be strictly prohibited. (Ecowaste Act; Pollution Control)
Section 95. Ambient air quality – To ensure good air quality, regular air
quality tests shall be done; provided, however, that no tourism related
establishment or activity that emits toxic and hazardous air pollutants that
may affect public health or welfare shall be tolerated. (DENR guidelines; best
practice)
Section 96. Noise and acoustical level – Noise level shall always be at an
acceptable level, in accordance with DENR standards for noise in general
areas. Further, no person shall
Further, noise level shall be monitored from time to time, and as deemed
necessary. (DENR guidelines; best practice)
Section 97. Forest lands for tourism purposes – Forestlands may be used
for tourism ventures, such as but not limited to, bathing establishment,
campsite, hotel suite/resort, ecotourism venture, upon receiving authorization
from the DENR, and based on the following guidelines: (DENR AO 16, s. 2009)
Section 98. Caves as ecotourism site – Caves that are not identified under
RA 8371 or NIPAS and not managed by a PAMB shall be open to ecotourism,
provided that a Cave Management, Protection and Conservation Program is
done in compliance with the DENR AO 29, s.2003 or IRR of RA 9072 (the
National Caves and Cave Resources Management and Protection Act). (National
Caves and Cave Resources Management and Protection Act)
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vacant lots will be planted with vegetables to supply the needs of the local
population and the visitors. (best practice)
Section 103. Farm produce - Farmers, fisher folks and farm producers will
be encouraged to increase food production using sustainable technologies in
order to assure the food supply of the community, especially with the influx of
tourists. (best practice)
a. Tour guides – Following are the minimum requirements for tour guides:
1. Only Filipino citizens may qualify as tour guides.
2. Should have undergone appropriate training from either a
government agency or a private group.
3. Shall have adequate knowledge about the area and the
environment that he/she shall be working at
4. Should have an updated medical clearance.
b. Travel and tours agency – In the case of an agency with business in
_____________, the following may apply for registration and license:
1. A Filipino citizen;
2. Partnership organized under the laws of the Philippines, at least
60% of capital of which is owned by the Filipino citizens;
3. Corporation organized under the laws of the Philippines, at least
60% of capital of which is owned by the Filipino citizens;
4. Such other establishments not covered by the preceding
paragraphs of this section may apply for the same privileges;
Provided that, they first comply with all the requirements of the
rules and regulations provided in this Ordinance and existing
laws.
c. Other establishments – Only Filipino citizens are qualified to apply for
registration or accreditation and license, and who are capable of
complying with all requirements and rules and regulations provided.
Section 107. Who are authorized to sign the application – In the filing of
the application for registration and license, the following are the authorized
signatories:
f. Travel agency
1. A Copy of the Certificate of Registration with the Securities and
Exchange Commission;
2. A copy of the registration of the Business Name, if sole
proprietorship;
3. Two-years project financial statements to reflect, among other
things, a minimum working capital of Five Hundred Thousand
Pesos (Php 500,000);
4. Surety bond in the amount of Five Hundred Thousand Pesos (Php
500,000) issued by a duly accredited bonding company of good
standing in favor of the City/Municipal Government and
conditioned to answer for any all liabilities resulting from or
incurred in the course of travel and tour operator, which shall be
valid for a period of one (1) year from the date of issuance of the
license;
5. Complete list of personnel together with one (1) 1x1 photo of each
and notarized certification of the general manager that they are
without criminal record;
6. In the case of the manager, proof that s/he has at least three (3)
years of experience on operations or has earned a degree of
Bachelor Science in Tourism or has successfully completed a
Travel Agency Management Course. Proof that at least two (2)
years experience in tour operations;
7. Proof that at least two (2) of the permanent staff have completed
ticketing and reservation course and at least one (1) year work
experience;
8. List of the names and addresses of Tour Guides and Travel
Representatives;
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9. For alien personnel, valid visa from the Bureau of Immigration and
the proper working permit from the Department of Labor and
Employment;
10. Contract of lease or Contract to Lease the office space
intended for the use of the agency and in the case the owner of the
agency is also the owner of the building or the premises
concerned, proof of ownership must be submitted;
11. A Board resolution designating the person authorized to
assign and transact the business;
12. Such other documents required pursuant to existing laws,
ordinances and other legal issuances; and
Fee/
annum
De luxe class hotel Php
2,220
First class hotel 1,980
Standard class hotel 1,650
Economy class hotel 1,100
Tourist 800
inn/apartel/ecolodge
Pension house 500
Resort 1,000
Tourism-related
transportation:
Tourist bus / coaster 200/unit
Mini van 150/unit
Car / Taxi 150/unit
Vessel 500/unit
*suggested rate for first class municipality
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establishment concerned has ceased operation for at least six (6) months, it
shall re-apply for registration.
In case of Tour Guides, the following are grounds for cancellation and
suspension of license:
a. Cancellation of License
1. Conviction of a crime involving moral turpitude; and
2. Conviction of more than one of any of the acts enumerated in the
next item.
b. Suspension of license
1. Any overt act of dishonesty, misrepresentation or misconduct
committed against a member of his/her tour group or against
his/her employer or co-employer;
2. Soliciting tips or contributions from tourist;
3. Failure to comply with the requirements as to the compulsory
wearing of identification cards; and
4. Violation of any of the provisions of this Ordinance.
Section 119. Visitor invited by guest should register – Any visitor invited by
a guest to stay in her/his room shall register in a separate book for visitors, in
which shall be entered the name, address, and other particulars of the visitor.
(reference Alaminos tourism Code)
Section 126. Access of the inspection team to records and premises – The
inspection team shall have access to the registry book or card of the tourism
establishment and all part and facilities thereof, and the right to interview any
employee and investigate any fact, condition, or matter which may be
necessary to determine any violation or aid in arriving at a just and correct
conclusion.
Section 128. Extension of the period to remedy – The Office of the Mayor
may, for good cause extend the period within which to remedy the defects or
deficiencies noted, but in no case shall the period of extension granted exceed
two (2) months.
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Section 129. Penalty for failure to remedy the defect – If the management
of any tourism-related establishment fails to remedy the defects or deficiencies
noted, the Office of Mayor shall impose the following:
a. Resort – Fine P50.00 for every day of delay in complying with directions,
but in no case shall the fine shall exceed the sum of Php 5,000;
b. Hotel – Fine of P75.00 for every day of delay but not exceeding Php
1,500;
c. Apartel/Tourist Inn – Fine of P50.00 for every day of delay but not
exceeding Php 1,000; and
d. Others – Fine of P50.00 for every day of delay but not exceeding Php
1,000.
Provided, that where the maximum time imposable under this section has
been reached and the tourism establishment concerned has continuously
granted to certify the defects completed the deficiencies noted, the
City/Municipal Tourism Council may revoke or suspend the certification and
Registration and the BPLO may confiscate and suspend the license for such
period as may be justified under the circumstances.
Section 131. Report of the Composite Inspection Team – Within five (5)
days from the date of inspection, the team leader shall submit a report of its
findings and/or recommendations to the Office of the Mayor.
Section 132. Penalties – Violations to any provisions of this Code without any
specific penalty provided in this code shall be punished of not less than One
Thousand Pesos (P1, 000.00) but not more than Two Thousand Five Hundred
Pesos (2,500.00) or imprisonment of one (1) month or both at the discretion of
the Court.
Section 136. Registration and license form – As the case may be, the
City/Municipal Tourism Council shall make available applications for
registration and/or license forms,
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which shall be accomplished by applicant and all other forms that may be
deemed necessary in the implementation of this Ordinance. (RA7160; DOT
guidelines)
Section 139. Transitory Provisions – All existing structures built prior to the
implementation of this Ordinance and intended for tourism ventures but do
not comply with provisions of this Ordinance will be given consideration.
However, concerned enterprises will given from six (6) months to one (1) year to
repair, renovate, and remodel these structures to comply with the provisions of
this Ordinance.
Section 142. Effectivity – This Ordinance shall take effect after compliance
with the posting and publication requirements pursuant to Section 50 of the
Local Government Code.