Question & AnswerQ&A (QUEZON CITY ORDICE NO. SP-2341, S-2014)
The primary purpose of Quezon City Ordinance No. SP-2341, S-2014 is to prohibit the sale of e-cigarettes to minors and provide stricter penalties for violators, amending the previous ordinance that only covered the sale of cigarettes, cigars, tobacco, and similar products to minors.
Electronic cigarettes or e-cigarettes are defined in the ordinance as any electronic device composed of a mouthpiece, heating element, battery, and electronic circuits that provide vapor of liquid nicotine and/or other substances mixed with propylene glycol to the user, simulating smoking. This definition includes devices manufactured as e-cigarettes, e-cigars, e-pipes, or under any other product name.
Minors are defined as natural persons below eighteen (18) years of age, the age of majority as defined by Republic Act No. 6809.
All persons, natural or juridical, including all establishments located in Quezon City, are prohibited from selling cigarettes, cigars, tobacco, similar tobacco products, electronic cigarettes, and similar devices to minors.
Any person or business selling to, distributing, or purchasing tobacco products or e-cigarettes for a minor shall be fined not less than PhP5,000 or face imprisonment of up to 30 days, at the court's discretion. For succeeding offenses, both penalties apply plus revocation of business licenses or permits for businesses.
Liability extends to the proprietor for individual proprietorships; all partners in partnerships; the general partner/s for limited partnerships; the brand manager, manager, and chief operating officer for incorporated businesses; and all persons in charge of the offending establishment who fail to comply with the ordinance.
The Business Permits and Licensing Office (BPLO) is tasked with implementing, monitoring, and enforcing this ordinance.
All ordinances, executive orders, administrative regulations, or parts thereof that are inconsistent with the provisions of this ordinance are repealed or modified accordingly.
This ordinance took effect thirty (30) days after its complete publication in a newspaper of general circulation in Quezon City.
The separability clause ensures that if any part or provision of the ordinance is declared invalid or unconstitutional, other unaffected parts and provisions will continue to be in full force and effect.