Proposed Amendment to Ordinance 14 series of 2001

LICENSING AND SUPERVISION OF ALL COMPUTER RELATED ESTABLISHMENT/INTERNET STATIONS

To keep up with the times, to efficiently regulate computer related establishments, to effectively oversee minors and minimize if not eradicate truancy; The following provisions of Ordinance 14 series of 2001is amended as follows:

SECTION 2. Limitations

2.1 Shop-Keepers/Operators/Manager/Owner shall not allow minors (17 years old and below) during school hours to enter their facilities except in the following conditions:

2.1.1 When parents, legal guardian or school officials accompany the minor.

2.1.2 When the minor presents a valid permit duly authenticated by school principal or truant officers. * The permit (in the format prescribed herein and downloadable from www.subicbay.ph/intergapo) must be properly filled up using ball pen or other non-erasable writing instrument, presented, verified, and notes specifying time of entry clearly written on the permit for inspection purposes. Failure of the Shop-keepers, Operators, Manager/Owner to write the minor's time of entry will be ground for Imposition of Fines, Suspension, Cancellation and or Non-Renewal of License as the case maybe. * College students who are below 18 yrs old shall simply present a valid (un-expired) student ID and permit signed by their parents or guardian.

2.2 Recommended maximum allowable playing time (per day) for minors

2.2.1 During School days: two (2) hours

2.2.2 Weekends / Holidays: four (4) hours

2.2.3 Students conducting research or writing reports/thesis must have such activity written in the permit in order to get exemption from recommended time limits.

2.3 Minors must be released by Shop-Keepers/Operators/Manager/Owner thirty (30) minutes before curfew hours, except if parents or legal guardian accompanies the minor

2.4 Operators/Managers/Owners must not allow gambling, access to pornographic websites, cybersex or other form of prostitution, consumption of intoxicating substances and other illegal activities in their establishment.

2.5 Provisions of Ordinance 46, series of 1995 and ordinance No.65, series of 2001 that prohibit the sale of liquors to minors and the sale/consumption of cigar and cigarettes shall be strictly enforced by owner or his representative within their business premises.

SECTION 15. Surveillance.

15.1 The city, upon receipt of information, complaints and /or report, may monitor the alleged illegal activities of the establishment (employment of minors, of foreigners without proper documentation, overcharging, operation of business activities not covered in the affidavit of undertaking, unaccompanied minors, fronts for showing lewd or pornographic flicks, etc.)

15.2 No monitoring may be conducted unless authorized by the Mayor or his/her duty authorized representative.

15.3 Officially designated inspectors from business permit office that fails to submit report after inspection and file appropriate charges to violators will be charged with dereliction of duty.

15.4 When entry of designated inspectors to Internet cafes is not accompanied by video/digital camera, the proceedings must be recorded and web-casted by web camera of the subject Internet Cafe for the Truant and Telecom Board officers to witness the on-going activity.

15.5 A section especially for minors shall be designated in each shop for effective monitoring of the same.

15.6 Under no circumstances shall customers of computer shops be allowed access to private office or secret space within the business establishment. Private rooms and cubicles will not be tolerated and will subject the business to immediate closure.

15.7 The Office of the City Mayor, DSWD, Business Permit, Truant and/or Telecom Board officers shall have access to view individual internet cafe's web cam immediately upon receiving report of suspicious or illegal activity. Shop-Keepers/Operators/Manager/Owner who refuses access will subject the business to penalties stipulated in this ordinance. Applicable provisions of Ordinance 33 series of 2002 also known as Truancy Ordinance shall be strictly enforced.

SECTION 19. Penalties for Violation.

The City shall impose fines for violations of this Ordinance in accordance with the following schedules:

a) First offense PhP 5, 000.00

b) Second offense PhP 5, 000.00 plus one (1) week suspension

c) Third offense PhP 5, 000.00 plus one (1) month suspension

d) 4th offense Closure and Cancellation of Permit