Regulation of Night Clubs and Dance Establishments

A “night club” is any place or establishment selling to the public food or drink where customers are allowed to dance.
A “cabaret, dance hall or dancing school” is any place or establishment where dancing is permitted to the public and where professional hostesses or dancers are employed, or where an admission fee or any other charge for dancing is collected.
A “professional hostess” is any woman employed by these establishments to entertain guests at their table or dance with them.
A “professional dancer” is any woman who dances in these establishments for a fee or remuneration paid directly or indirectly by the operator or by the persons with whom she dances.
An “operator” is the owner, manager, administrator, or any person responsible for operating and managing the establishment in accordance with the Order.

No night club, cabaret, dancing school, or dance hall may be established within 1,000 lineal meters from any city hall or municipal building, provincial building, public plaza, public school, church, hospital, athletic stadium, public park, or any institution of learning or of charity.

Each establishment must have a dancing space that is properly ventilated, well lighted, and maintained under sanitary conditions at all times while open, with no dark corners.
The building must be safe for dancing purposes.
The establishment must have no private rooms nor separate compartments, except lavatories, ladies’ dressing rooms, bar, and kitchen.
The dancing and dining hall of a night club/cabaret/dancing school/dance hall that is also authorized to operate a hotel must be on a floor separate from its lodging rooms.
The establishment must have at least two sets of lavatories: one exclusively for women and another for men.
The building must be certified by the city or district engineer as safe for dancing purposes.
The establishment must be properly enclosed with a fence with only one entrance.
The establishment must have no direct or indirect communication whatever with any dwelling place, house, or building except through the single entrance.
The establishment must provide parking spaces to avoid congestion and blocking of traffic, and the parking place must be either an open ground or provided with one door for entrance and another for exit.

Except on Christmas Eve and New Year’s Eve, establishments must be open only from 5 o’clock p.m. to 12 o’clock midnight every day.
Saturdays and days preceding official holidays and days falling on town fiestas allow operation until 2 o’clock in the morning of the following day.
If an authorized establishment is also duly licensed to operate a regular restaurant, café, or refreshment parlors, it may remain open before or after the prescribed hours to serve only meals or refreshments, without permitting dancing to take place therein.

Minors under 18 years of age may not be admitted nor allowed to remain in any night club, cabaret, dancing school, or dance hall, whether as customer or employee, or in any capacity.
Persons carrying deadly weapons or firearms of any description may not be admitted nor allowed to remain, except government officials performing their public functions.
Intoxicated persons may not be admitted nor allowed to remain.
Persons under 18 may be admitted only when they are in private parties and accompanied by their parents or guardians.
A woman may not be employed as a professional hostess or dancer unless she is at least 21 years of age and has first obtained a written certificate from the District or City Health Officer stating she is free from contagious or infectious diseases.
With written consent of her parents or guardians, a woman 18 years of age or more but below 21 may be employed as a professional hostess or dancer.
No professional hostess or dancer may continue working as such after discovery by the District or City Health Officer that she is suffering from any contagious or infectious disease.
No professional hostess or dancer may continue working as such after conviction of any disorderly, immodest or immoral conduct, or for violation of any provision of the Order.
The required medical certificate must be obtained once every three months.

The Department of the Interior supervises night clubs, cabarets, dancing schools, and dance halls and is charged with enforcing the Order.
Whenever public interest so requires, or upon request of the operator, the mayor may assign one or more policemen to maintain peace and order in or around the premises and enforce the Order and other municipal or sanitary regulations.
Permits for opening or operation are issued by the city or provincial treasurer or his duly designated representative.
No permit may be issued unless the applicant has complied with all provisions of the Order.
In addition to the permit, the operator must obtain a license from the treasurer of the city, municipality, or municipal district concerned.
The license is issued upon payment of a license fee of not less than PHP 200 annually or PHP 50 quarterly.
Existing ordinances prescribing higher fees than PHP 200 annually or PHP 50 quarterly remain in force until otherwise provided for by the President.
A city or municipal council may impose a higher fee upon approval of the President.

Any person who believes a night club, cabaret, dancing school, or dance hall is established or located in a place not authorized by the Order may file a protest with the Secretary of the Interior.
The Secretary of the Interior is authorized, after proper investigation, to decide the case or cancel the permit and license.
Any action of the city, provincial or municipal treasurer under the permit and license provisions may be appealed to the Secretary of the Interior.
The decision of the Secretary of the Interior on appeal is final.

The Secretary of the Interior must revoke any permit or license upon satisfactory evidence that gambling or playing of any prohibited game has taken place within the premises.
Upon violation of any regulation, the permit for operation is withdrawn by the Secretary of the Interior and the license is revoked.
Revocation of the permit and license results in forfeiture to the city or municipality concerned of all sums paid therefor.

Establishments operating on January 1, 1941 that are within prohibited zones or distances under location rules, or that do not comply with building requirements, must be given one year’s notice to close, transfer, or otherwise comply.
The Secretary of the Interior, with the approval of the President, may authorize in special cases and for justifiable reasons their continuance in their present location.