Legal Basis and Authority
- Enacted under the powers granted by Section 35 of Republic Act No. 7160 (Local Government Code of 1991) and its Implementing Rules and Regulations, Article 66.
- Empowers local government units (LGUs) to enter into Joint Ventures with private sectors.
Justification for Amendment
- Original ordinances were restrictive and did not contemplate PPP or JV projects.
- Amendments are meant to enable the successful implementation of PPP/JV projects by relaxing certain prohibitions that may hinder commercial and developmental goals.
Key Provision: Prohibited Areas for Alcoholic Beverage Permits
- No permit or license for selling, dispensing, or distributing alcoholic beverages shall be issued to establishments within 200 meters of schools, churches, and public buildings/places.
- Exceptions: Barangay outposts, covered courts, playgrounds, and daycare centers are excluded from the restriction.
- For wholesale outlets, the restricted perimeter is reduced to 50 meters.
- Establishments existing before the construction of nearby schools, churches, public buildings, clinics, daycare centers, markets (including supermarkets, hypermarkets, convenience stores), hospitals, cemeteries, or public buildings are exempt,
provided they only sell but do not serve or dispense alcoholic beverages on their premises.
Specific Provisions on Wholesalers
- Wholesalers are prohibited from serving or dispensing alcoholic beverages within their premises regardless of location.
Inclusion of Joint Venture Projects
- The prohibition regarding establishment location shall not apply to all existing and future Joint Venture projects entered into by the City with the private sector.
- This exemption facilitates PPP/JV projects by removing location-based restrictions in such partnerships.
Effectivity and Legislative Process
- Ordinance was enacted on December 7, 2015, by the Sangguniang Panlungsod of Valenzuela City.
- Authored and approved by members of the 6th City Council.
- Comes in response to the evolving developmental needs through PPP/JV frameworks within the City's regulatory environment.