Law Summary
Financial Obligations
- The franchisee must pay franchise fees as prescribed under Manila’s Omnibus Tax Code, Ordinance No. 8331, as amended.
- The franchisee’s books of accounts showing gross receipts must be available for inspection by the City Treasurer or authorized representatives.
Regulatory and Supervisory Powers of the City
- The City retains the power to impose all applicable permits, licenses, fees, and service charges on the franchisee and stallholders.
- The City has the authority to regulate, inspect, and supervise the market’s operation to ensure compliance with relevant rules and regulations.
Authority and Responsibilities of the Franchisee
- The franchisee may adopt measures, impose charges, and penalties on stallholders to ensure proper revenue collection for the City.
- The franchisee is responsible for efficient market administration and strict compliance with the franchise terms.
- The franchisee must manage the award of stalls, giving preference to qualified Manila residents.
Security and Operational Expenses
- The franchisee is required to post a continuing bond in favor of the City, forfeitable as liquidated damages upon breach of terms.
- Operational expenses, including maintenance, cleanliness, and sanitation of the market, are to be borne entirely by the franchisee.
Duration and Renewal of the Franchise
- The franchise authority is granted for ten (10) years from the date of approval.
- Renewal of the franchise is subject to the provisions outlined in the ordinance.
Grounds for Cancellation and Revocation
- Any violation or breach of franchise terms by the franchisee is sufficient ground for outright cancellation of the franchise.
- The City may revoke the permit and close the market premises in case of non-compliance.
Effectivity of the Ordinance
- The ordinance takes effect immediately upon approval by the Mayor and the City Council.
- The ordinance was enacted following the procedural requirements of the Revised Charter of the City of Manila, including publication.
This comprehensive ordinance delineates the framework for the operation of a public market by a private association under the regulatory and fiscal oversight of the City of Manila, balancing franchisee responsibilities and city authority for market governance.