1

Republic of the Philippines Province of Aklan

Municipality of Kalibo

OFFICE OF THE SANGGUNIANG BAYAN

EXCERPT FROM THE MINUTES OF THE KALIBO SANGGUNIANG BAYAN PROVINCE OF AKLAN, IN ITS 46TH REGULAR SESSION HELD AT THE SANGGUNIANG BAYAN SESSION HALL

ON DECEMBER 22, 2011

PRESENT: Hon. Madeline A. Regalado - Vice Mayor, Presiding Officer Hon. Nilda B. Tambong - SB Member Hon. E. Soviet R. A. Dela Cruz - SB Member Hon. Ariel O. Fernandez - SB Member Hon. Arnaldo M. Tejada - SB Member Hon. Mark Mitchell C. Sy - SB Member Hon. George L. Quimpo - SB Member Hon. Peter Jene N. Lao - SB Member Hon. Rodillo L. Policarpio - SB Member Hon. Ananias V. Solina - SB Member, LIGA President Hon. Michael Angelo R. Melgarejo - SB Member, SK President ABSENT: None

“ORDINANCE NO. 2011-022

AN ORDINANCE ENACTING THE TOURISM CODE OF THE ATI-ATIHAN TOWN MUNICIPALITY OF KALIBO, PROVINCE OF AKLAN

WHEREAS, the Municipality of Kalibo is the home of the Sto. Nino Ati-atihan Festival, considered as the Mother of Philippine Festivals and the gateway to the world famous Island of Boracay, which are two of the major tourism attractions of the country;

WHEREAS, being in the forefront of the country’s tourism industry and taking cognizance of the mandate of Republic Act 7160, otherwise known as the Local Government Code of 1991, which specifically states in General Powers and Attributes of Local Government Units, Section 17(b)(xi) Basic Services and Facilities - For Municipality: Tourism facilities and other tourist attractions, including the acquisition of equipment, regulation and supervision of business concessions, and security services for such facilities, the Local Government Unit of Kalibo deemed it essential to enact the Tourism Code of the Municipality of Kalibo to spell out guiding principles in its march for tourism advancement and sustainable development;

NOW THEREFORE, be it ordained, by the Sangguniang Bayan of Kalibo in session duly assembled:

ARTICLE I

Section 1 - This Ordinance shall be known and cited as: “Tourism Code of Kalibo, Aklan” Section 2 - Declaration of Policy: It is hereby declared the policy of the Municipality of Kalibo that tourism plays an indispensable role in socio-cultural-economic development and nation building and as such, the town’s potentials have to be fully promoted, sustained and maximized being one of the main tourism destinations of the country with its key attractions developed, and in which private sector investments, efforts and initiatives are encouraged and supported, henceforth, towards this end, the Municipality of Kalibo shall:

1. Recognize that sustainable tourism development and promotion can boost the economy of Kalibo through its multiplier effect, benefiting various stakeholders both from the government and private sectors;

2. Develop Kalibo as a tourism destination by creating and enhancing tourism products such as built and natural attractions, tours and packages, services for travelers, and activities without sacrificing the natural environment and rich cultural heritage and traditions;

3. Maintain a favorable image of Kalibo and its people locally and internationally; and

2

4. Ensure strong support and active involvement of civil society organizations and stakeholders in the planning, implementation and monitoring of tourism and culture programs, projects and activities;

Section 3 - Objectives In the formulation and implementation of policies, rules and regulations, instructions and directives on tourism, the succeeding objectives shall be the guiding principles:

a. Implement tourism-related endeavors, programs and projects in accordance with the thrusts and directions of the Tourism Master Plan of the Municipality of Kalibo in particular, and that of the Department of Tourism in general for efficient, effective and well coordinated approach to tourism development and promotion;

b. Identify and enhance existing, emerging and potential tourism products to be globally competitive;

c. Upgrade tourism facilities to meet the national tourism standards;

d. Promote tourism products with high quality standards coupled with a strong marketing

programs;

e. The Municipal Government of Kalibo in partnership with concerned government entities and the private sector shall take the responsibility for the improvement, security, administration and management of local tourism destinations;

f. Involve the barangays in the implementation of tourism programs and activities in their

respective areas and shall be entitled to fair and equitable allocation of resources in project implementation support;

g. All local laws, ordinances, rules and regulations must conform to all national laws and

policies giving effect to the program and thrusts of the tourism industry;

h. Strengthen tourism and culture-related organizations and encourage the participation of the private stakeholders in tourism development;

i. Encourage tourism investments and conduct of activities and programs that promote tourism

and culture awareness;

j. Initiate merit and rewards system in recognition of the initiatives of private sector/entities supportive to the thrust on tourism development;

k. Provide sufficient funds for the implementation of tourism policies, plans, programs, projects

and activities;

l. Provide and promote livelihood opportunities which could help in poverty alleviation, benefiting the tourism-related industries in particular and the entire community in general;

m. Prioritize Kalibonhons/Aklanons in employing tourism service providers provided that

minimum requirements for employment are met;

n. Continuously capacitate human resources infrastructure in the performance of their duties and responsibilities in which recent ideas and approaches gained will be used and integrated in the local government unit’s effort to further develop the tourism industry;

o. Uphold and respect gender equality and human rights;

p. Strictly implement the tourism statistics system to aid the public and private sectors in

planning and marketing as well as gauge the impact of tourism in the locality;

q. Implement environmental laws and ordinances to protect God’s creations for the benefit and enjoyment of the present and future generations;

r. Adopt internationally recognized best practices relative to our stewardship of natural

resources;

3

ARTICLE II Coverage, Scope and Definition of Terms

Section 4 - Coverage:

This Code shall govern all tourism-related matters within the territorial jurisdiction of the Municipality of Kalibo.

Section 5 - Scope and application:

The provisions of this Code shall apply to all sixteen (16) Barangays of the Municipality of Kalibo, agencies and instrumentalities, non-government organizations, businesses and establishments for tourism, persons, whether natural or juridical, directly or indirectly involved in the tourism industry.

Section 6 - Definition of Terms:

For purposes of this Code, the terms and phrases enumerated in this Section shall be construed or interpreted to mean or refer to, as follows:

a. Accreditation - a certification issued by the Department of Tourism (DOT) that the holder is recognized as having complied with the minimum standards required in the operation of establishments and facilities concerned.

b. Apartment-Hotel (Apartel) - any building or edifice containing several independent and furnished or semi-furnished apartments, regularly leased to tourists and travelers for a period of not less than one day.

c. Association - an organization of persons/entities having the subject of tourism as a common interest.

d. Bar, Cocktail, Lounge, Beerhouses/Gardens/Night or Day Clubs, Supper Clubs - Bar includes any place where intoxicating and fermented liquors or malt are sold, even without food, where services of hired hostesses and/or waitresses and where customers may dance to recorded music and/or rendered by a regular dance orchestra or musicians hired for the purpose; otherwise, the place shall be classified as a dance hall or night or day club.

A cocktail lounge or beer garden is considered a bar even if there are no hostesses or waitresses to entertain customers.

Night or Day Club includes any place frequented at night time or day-time, as the case maybe, where patrons are served food and drinks and are allowed to dance with their partners or with their partners or with professional hostesses furnished by the management.

Night and day Club means essentially the same as “Night or Day Club” except that it opens both during night time and day time.

Supper Club includes any establishment where food and drinks are served to its patrons, to the accompaniment of music furnished by such establishment with musician under its employ or by jukeboxes or record players installed within its premises, and where patrons are allowed to dance only with partners who they bring along.

e. BPLD - Business Permits and Licensing Division of the Office of the Mayor

f. Capital resources - refers to availability of capital/financing, transportation roads, airports, railroads, harbors and marinas, trails and walkways, water, power, waste treatment and communications.

g. Cultural Resources - this includes historic buildings, sites, monuments, shrines, cuisine, ethnic cultures, industry, government, religion, anthropological resources and local celebrities.

h. DOT - Department of Tourism

i. Department Store - a store which sells or carries several lines of merchandise in separate sections including one devoted to Filipiniana.

j. Hotel - any building, edifice or premise or a completely independent part thereof, which is used for the regular reception, accommodations or lodging of travelers or tourists and the provision of services incident thereto for a fee.

4

k. Human Resource Infrastructure - these include the warm bodies in the tourism industry - the people operating the various establishments and facilities, the local population whose lives are intertwined with the development of tourism sites in their area; the tourists whose quality of lives are enriched and enhanced by the beauty, the history and the culture of their destinations.

l. Law and Regulatory Infrastructure - this component refers to the rules of order necessary to

manage and control the tourism industry. These are put in place to protect the industry and the people who are the very reason for the industry - the tourist, the service amenities providers, and the local population. With laws and regulatory measures, the relationships of tourists and their hosts thus become more harmonious and fulfilling.

m. Inbound Tour - a tour to or of the Philippines or any place within the Philippines.

n. License - the privilege or authority granted by the BPLO to own, operate manage and

maintain a tourism establishment.

o. LTFRB - Land Transportation Franchising and Regulatory Board

p. LTO - Land Transportation Office

q. Municipal/Municipality - Municipality of Kalibo

r. Natural Resources - These refer to climate - seasons, water resources (lakes streams, waterfalls), flora (forest, flowers, shrubs, wild edibles), fauna (fish & wildlife), geological resources (topography, soils, sand dune, beaches, caves, rocks and minerals, fossils) and scenery.

s. Outbound Tour - a tour to or any other place outside of the Philippines

t. Pension House - a private, or family-operated tourist boarding house or tourist lodging house,

employing non-professional domestic helpers, regularly catering to tourists and/or travelers, containing several independent lettable rooms, providing common facilities such as toilets, bathroom/showers, living and dining rooms and/or kitchen and where a combination of board and lodging may be provided.

u. Physical Infrastructures - shall include, but not limited to, road, bridges, administration buildings, toilets and comfort room facilities, parking areas, rest areas, forest tracks, viewing platforms, cottages, wharves, boat landing facilities, solid and liquid waste facilities, security and services facilities, and communications center.

v. Potential Tourist Properties - these refer to sites and attractions not yet developed including

but not limited to, lakes, waterfalls, volcanic hot springs, caves and rainforests.

w. Registration - the listing of tourism-oriented and tourism-related establishments and facilities shall have been certified by the Municipal Government, through the CTAO as having conformed to the minimum standards/requirements in accordance with this Ordinance.

x. Resort - any place or places with pleasant environment and atmosphere conducive to comfort, healthful relaxation and rest, offering food, sleeping accommodations and recreational facilities to the public for a fee or remuneration.

y. Restaurant - any establishment offering to the public regular and special meals or menu,

cooked foods and short orders, beverages and drinks.

z. Shop - a small retail establishment specializing in Filipiniana products.

aa. Special Interest Resort - refers to resorts located at appropriate seaside, sea borne, mountain, forest, lake or river sites, providing facilities and equipment for the conduct of special interest activities, wildlife observation and bird watching, cave exploration, backpacking, hiking, camping, trail riding (either motorized or horseback), tribal visits and target shooting and hunting, theme parks, such as marine aquarium parks.

bb. Sports and Recreational Facilities - including swimming pools, bowling lanes, tennis court,

pelota or squash court, golf courses, riding range, shooting range, archery range, aquatic/water sports arrangement, fishing, water skiing and similar facilities forming part of the resort.

5

cc. Sustainable Tourism Development - means tourism development that leads to management of all resources in such a way that economic, social, and aesthetic needs can be fulfilled, while maintaining cultural integrity, essential ecological processes, biological diversity and life support systems.

dd. TCAD - Tourism and Cultural Affairs Division of the Municipal Economic Enterprise Development Office

ee. Tour Guide - an individual who is licensed by the BPLD and registered with TCAD to guide

tourists, both foreign and domestic, for a fee, commission or any other form of lawful remuneration.

ff. Tourism - a social, cultural and economic phenomenon related to the movement of people to

places outside their usual place of residence pleasure being the usual motivation. It is also a major provincial activity in which private sector investment, effort and initiative are encouraged, fostered and supported, and through which socio - economic development may be accelerated and the appreciation of the province’s natural beauty, history and culture appreciated with greater pride and commitment.

gg. Tourism industry - refers to industries of business enterprises providing goods and services

to tourists and all types of travelers while they stay, travel, visit, and enjoy the facilities and destinations.

hh. Tourism Infrastructures - have three major components, namely, physical, human resource

and legal regulatory.

ii. Tourism-oriented Establishment - any establishment which is registered and licensed by the appropriate offices of the city/municipal government which caters directly to tourists, whether domestic or foreign.

jj. Tourism Products - consist of the elements of the trip, built and natural attractions, tours and

packages, services for travelers (e.g. shopping, restaurants, accommodations) and activities

kk. Tourism-related Establishment - any establishment or enterprise which may or may not be registered with the TCAD but which caters incidentally to both foreign and local travelers and tourists.

ll. Tourism Resources - refer to natural, cultural, or human interests, or capital resources that

can be used to attract or serve tourists.

mm. Tourism Training Program - any training program that caters or is involved in the tourism industry.

nn. Tourist - Any person regardless of nationality who travels to a place other than his usual

place of environment for a period of at least twenty four (24) hours or one (1) night and not more than 365 days for any reason other than following an occupation remunerated at the place visited.

oo. Tourist Inn - a lodging establishment catering to local and foreign tourists not meeting the minimum requirements of an economy hotel.

pp. Tourist Land Transport Unit - any vehicle, carriage or conveyance moving on wheels or

runners used on public roads or highways and catering to tourists. qq. Tourist Transport Operator - a person or an entity which may either be a single

proprietorship, partnership, regularly engaged in providing for a fee or lawful consideration, tourist transport services as hereinafter defined, either on charter or regular run.

rr. Tourist Water and Air Transport Operator - any water craft or air conveyance catering to tourists.

ss. Travel Agency - an entity which may either be a single proprietorship, partnership or

corporation regularly engaged in the business of extending to individual or groups, such services pertaining to documentation of travel papers, ticketing, sales and/or accommodation, handling and/or conduct of tours within or outside the Philippines whether or not for a fee, commission or any form of compensation.

6

ARTICLE III The Tourism Infrastructures

Section 7 - Physical Infrastructure

As partners in tourism promotion and development, the local government unit of Kalibo and private stakeholders shall pursue for the expansion and/or construction of tourism-related establishments and facilities either through public or private funding. To attain this, local governments shall:

a. Ensure safe and comfortable land, air and sea travel connecting to tourist destinations through construction and expansion of adequate road networks and terminals, international and domestic airports, as well as seaports, for passengers and cargo;

b. Maintain as well as enhance the provision of basic utilities such as water, energy, power and communication facilities among others through expansion or upgrading based on long-term studies and carrying capacity of a tourist destination;

c. Strictly implement the Solid Waste Management Code of Kalibo and all other environmental laws and ordinances to all tourist destinations and tourism investment zones, compelling tourism-related/tourism-related establishments to have adequate and functioning integrated solid waste and sewerage management system.

d. Improve transport facilities through strict implementation and monitoring of environmental laws, rules and regulations and in adherence to the transport and traffic management of Kalibo;

e. Sustain the enhancement of tourism-related infrastructures such as accommodation facilities including shopping centers, health care centers, emergency and safety facilities, and recreation facilities;

f. Create a website for the municipality linking all the barangays and another website dedicated for tourism promotion;

g. Identify and facilitate assessment of potential tourist sites;

h. Ensure adherence and observance to the prescribed and appropriate standard guidelines for the existing and new tourism-related establishments;

i. Encourage the accreditation of tourism-oriented and related establishments, associations and individuals with the Department of Tourism;

j. Strengthen the operation of the one-stop-shop and one-town-one-product, showcasing the best products of Kalibo;

k. Pursue the building of new and upgrade existing facilities, manpower components and competence and capability building for health care services, emergency responses and safety of the tourists and local residents;

l. Enhance and increase wholesome recreational activities and entertainment; and

m. Encourage the use of branding and thematic design that reflects Kalibo’s culture and heritage;

Section 8 - Human Resources Infrastructure

Recognizing tourism as a major industry, the Municipal Government of Kalibo shall strengthen the Tourism and Cultural Affairs Division of the Municipal Economic Enterprise Development Office and encourage the improvement of services and amenities of tourism-oriented and related establishments, employing qualified and competent personnel and providing sufficient funds for operation. Tourism programs and projects shall be formulated based on the needs of the tourism industry. Towards this end, the local governments and tourism stakeholders shall:

a. Provide financial and technical support for the professionalization of tourism service providers;

b. Organize a pool of local trainers who will regularly conduct trainings for tourism frontliners such as tourism officers, transport operators, tour guides, drivers, boatmen, porters and the like to improve the delivery of services;

7

c. Advocate the culture of tourism and values formation at all levels especially in the education sector;

d. Ensure that tourism service providers are well-trained and qualified, provided with incentives

and rewards, organized and federated based on their work affiliations; and

e. Prioritize Aklanons in employing tourism service providers provided that qualifications set by employers are met.

Section 9 - Legal and Regulatory Infrastructure

The tourism industry is governed by national and local laws as well as rules and regulations

issued by the administrative bodies pursuant thereto. On this note, the local government unit shall issue rules, regulations and directives on tourism pursuant to the provisions of the Local Government Code of 1991;

ARTICLE IV

Tourism and Cultural Affairs Division

Section 10 - Tourism and Cultural Affairs Division

The Tourism and Cultural Affairs Division of the Municipal Economic Enterprise Development Office shall be responsible for implementing policies, programs and projects on tourism and culture. It shall spearhead the sustainable development and promotion of Kalibo’s tourism industry and highlight the importance of tourism in the generation of revenues and employment. Section 11 - Source of Funds

Tourism is one of the major industries in Kalibo, thus the Tourism and Cultural Affairs Division shall be allocated with sufficient funds for the development of the tourism industry. Tourism-oriented programs and projects identified in approved development and investment plans including the improvement of tourism and information offices/centers and purchase of necessary equipment shall be given priority in the disbursement of said funds. As a division of the Municipal Economic Enterprise Development Office, it shall also generate income from tourism facilities, events and services, and source out funds from national and international government and private agencies and organizations to help finance the different services it extends to tourism stakeholders. Section 12 - Staff

The Tourism and Cultural Affairs Division shall be manned by sufficient competent personnel headed by the Supervising Tourism Officer or Development Management Officer III. The three sections under the division shall be headed by Tourism Operations Officers. All personnel must be given appropriate and continuous trainings to ensure efficient and effective delivery of services and foster the development of the tourism industry. Section 13 - Powers and Functions

The Tourism and Cultural Affairs Division shall have the following powers and functions:

a. Create, develop and promote tourist attractions;

b. Formulate, promote and run tours that showcase Kalibo’s tourist destinations, culture and traditions, arts and crafts, delicacies, tourism facilities and human resources;

c. Assist, monitor and issue tourism registration to legitimate tourism-oriented and related

establishments, service providers as well as tourism and cultural organizations;

d. Manage and maintain government-owned tourism facilities;

e. Conduct tourism and cultural activities including trainings for tourism front liners;

f. Upgrade and maintain tourism information database and implement tourism statistics system;

g. Produce promotional materials;

h. Provide reception and assistance to visitors;

8

i. Establish and maintain linkage and networking with national and international people’s and non-government organizations and government agencies, and

j. To provide technical assistance, recommend/submit legislative actions and measures to the

local Sangguniang Bayan for the promotion of the tourism industry; and k. Perform other functions related to tourism development.

ARTICLE V

Kalibo Tourism and Cultural Council

Section 14 - The Kalibo Tourism and Cultural Council

In lieu of the of the mandated creation of Tourism Board, there shall be constituted a Kalibo Tourism and Cultural Council under the office of the Local Chief Executive composed of the following:

a. SB Committee Chairperson on Tourism b. Development Management Officer, Tourism and Cultural Affairs Division (TCAD) of MEEDO c. Tourism Operations Officers, Tourism and Cultural Affairs Division (TCAD) of MEEDO d. Chairperson, Kalibo Ati-atihan Tourism Council e. Provincial Tourism Officer f. Municipal Health Officer/Rural Health Physicians g. Chief, Business Permits and License Division h. Chief, PNP - Kalibo i. Representative from accommodation sector j. Representative from restaurant sector k. Representative from transportation sector l. Representative from travel agencies and tour operators m. Representative from tourism destination sector n. Representative from arts and crafts sector

The Municipal Mayor shall issue a corresponding Executive Order creating the Tourism and

Cultural Council’s Chairperson, Vice Chairperson and Members who shall meet at least once every quarter. The presence of the Chairperson and at least 3 members shall constitute a quorum and their acts shall be deemed as official acts of the Council.

Section 15 - Duties and Responsibilities The Kalibo Tourism and Cultural Council shall have the following powers, duties and responsibilities.

a. Formulate and recommend to the MEEDO Board of Directors, policies and programs aimed at promoting the tourism industry in Kalibo;

b. Ratify all certificates of registration issued by TCAD to tourism-oriented and related establishments; and

c. Exercise appellate jurisdiction on decisions or actions of the TCAD and BPLD on matters involving the issuance, renewal, revocation or denial of Certificates of Registration.

ARTICLE VI

Tourism Resources Section 16 - The Tourism Resources Tourism resources are any natural, cultural, human or capital resources that are being used or can be utilized to attract or serve tourists. Section 17 - Inventory and Classification of Resources and/or Attractions

ATTRACTION TYPE CATEGORY

1. Tigayon Hill and Caves Nature Mountains

2. St. John The Baptist Church History and Culture Cathedral and Church

3. St. Jude Thaddeus Church History and Culture Cathedral and Church

4. Aklan Freedom Shrine History and Culture Historic Monuments

5. Arch. Gabriel M. Reyes Monument History and Culture Historic Monuments

6. GomBurZa Monument History and Culture Historic Monuments

7. Sarok History and Culture Historic Monuments

8. Death Marker of Gen. Francisco del Castillo History and Culture Historic Monuments

9. Aklan Printing Press (Garrison during the History and Culture Historic Monuments

9

Japanese regime)

10. Victorino Mapa’s Former Residence (Glowmoon Inn)

History and Culture Historic Monuments

11. Godofredo P. Ramos Monument History and Culture Historic Monuments

12. Kalibo Bridge History and Culture Structures and Buildings

13. Capt. Gil Mijares Building History and Culture Structures and Buildings

14. Museo it Akean History and Culture Museum

15. Piña Village Industrial Tourism Arts and Crafts

16. Heritage Arts and Crafts Industrial Tourism Arts and Crafts

17. La Herminia Piña Weaving Industrial Tourism Arts and Crafts

18. Papierus Arts and Crafts Industrial Tourism Arts and Crafts

19. Rosa Foods Industrial Tourism Industrial Facilities for Visitors

20. Tennis Court (ANHSAT) Sports and Recreational Facilities

Tennis

21. Sazon’s Tropical Garden Sports and Recreational Facilities

Zoo and Botanical Garden

22. Goding Ramos Park Sports and Recreational Facilities

Sports Complex

23. Barangay Mobo Sports and Recreational Facilities

Camping Ground

24. Beaches of Pook, Caano and Mabilo Sports and Recreational Facilities

Beach for Sea Bathing

25. Agzam Resort and Spa Sports and Recreational Facilities

Pools and Springs

26. Miggy’s Secret Garden Sports and Recreational Facilities

Pools and Springs (Resort Complex)

27. Marzon Hotel Sports and Recreational Facilities

Pools and Springs

28. Kalibo Pastrana Park Sports and Recreational Facilities

Leisure-land, Theme Park

29. Bakhawan Eco-Park Sports and Recreational Facilities

Leisure-land, Theme Park

30. Gaisano Capital Shopping Malls, Department Stores

31. Kalibo Shopping Center Shopping Open Air Market, Traditional Market Area

32. Kalibo Public Market Shopping Open Air Market, Traditional Market Area

33. Prism Art Gallery Shopping Souvenirs and Delicacies

34. Uswag Arts and Crafts Shopping Souvenirs and Delicacies

35. Dela Cruz House of Piña Shopping Souvenirs and Delicacies

36. HAMPCO Shopping Souvenirs and Delicacies

37. Sutoniel’s Piña Cloth and Native Products Shopping Souvenirs and Delicacies

38. Culdora Piña Cloth Shopping Souvenirs and Delicacies

39. Bread and Butter Shopping Souvenirs and Delicacies

40. Tamagos Shopping Souvenirs and Delicacies

41. Fel’s Art Shopping Souvenirs and Delicacies

42. Jocyl’s Food Products Shopping Souvenirs and Delicacies

43. Kalibo Sto. Niño Ati-atihan Festival Customs and Traditions Festivals

44. Kalibo Food Festival Customs and Traditions Festivals

45. Aklan Piña and Fiber Festival Customs and Traditions Festivals

46. Piña Cloth Weaving Customs and Traditions Local Culture and Traditions

47. Boat Making Customs and Traditions Local Culture and Traditions

48. Kalibohian sa Gabi-i Special Event Exposition

49. Iwag it Kalibonhon Special Event Other Event

50. Cock Fighting Special Event Other Event

51. Death Anniversary Celebration of the XIX Martyrs of Aklan

Special Event Other Event

The Tourism and Cultural Affairs Division in coordination with concerned offices shall regularly update the inventory of tourism resources. All resources shall be classified and periodically assessed to help identify areas for improvement.

10

Section 18 - Classification and Prioritization of Tourism Destinations

The Tourism and Cultural Affairs Division in coordination with the Kalibo Tourism and Cultural Board and concerned offices shall classify tourism destinations in accordance with Department of Tourism’s standards as existing, emerging and potential destinations. Tourism destinations with higher classification shall be given priority for development and promotion.

Section 19 - Investment, Improvement, Protection and Preservation of Tourism Products

The Tourism and Cultural Affairs Division in coordination with the Kalibo Tourism and Cultural Board shall encourage barangay governments and private entities to invest in and improve their respective tourism products taking into consideration the protection and preservation of the products’ integrity.

ARTICLE VII Rules and Regulations Governing the Establishment,

Operation and Maintenance of Tourism-oriented and Tourism-related Businesses

Section 20 - Standard Requirements for the Operation and/or Maintenance of Tourism-oriented and Tourism-related Establishments

The following rules and regulations shall govern tourism-oriented and tourism-related establishments such as resorts, hotels, inns, cafes, lodging houses, apartel, pension houses, restaurants, travel agencies, tourist guides, and transports that are tourism-oriented and related and other similar establishments whether their operations is domestic or international in scope.

Section 20.A - Resorts

Resorts may be categorized as beach resort (located along the seashore), inland resort (located within the town proper or city), island resort (located in natural or man-made island within the internal waters of the Philippines Archipelago), lakeside or riverside resort (located along or near the back of a lake or river), and mountain resort (located at or near a mountain or hill).

Section 20.A.1 - Classes of Resorts

For purposes of registration and licensing, resorts shall be classified as follows:

Class “AAA” Class “AA” Class “A”

Section 20.A.2 - Requirements for Class “AAA” Resort

The following are the minimum requirements for the operation and maintenance of a Class “AAA” Resort:

a. Location and Environment The resort shall be located in a suitable location free of noise and atmospheric and marine pollution.

b. Parking An adequate parking space with parking security shall be provided free to guests.

c. Facilities and Room Accommodation The resort shall have its rooms, facilities and amenities equivalent to those of a First Class Hotel.

d. Public Washrooms There shall be a first class and adequate public toilet and bathroom for male and female, provided with sufficient hot and cold running water, toilet paper, soap, hand towel and/or hand drier.

e. Sports and Recreational Facilities The resort shall have at least four (4) recreational facilities.

f. Conference/Convention Facilities Conference/convention facilities with attached toilets shall be provided.

g. Employees’ Facilities

11

Adequate and well-maintained locker rooms and bathrooms for male and female employees, including cafeteria shall be provided.

Section 20.A.3 - Minimum Requirements for Class “AA” Resort

The following are the minimum requirements for the operation and maintenance of Class “AA” Resort;

a. Parking An adequate parking space with parking security shall be provided free to guests.

b. Facilities and Accommodations The resort shall have its rooms, facilities and amenities equivalent to those of a Standard Class Hotel.

c. Public Washrooms There shall be a clean and adequate public toilet and bathroom for male and female, provided with sufficient running water, toilet paper, soap, and towel and/or drier.

d. Sports and Recreational Facilities The resort shall offer at least three (3) sports and recreational facilities.

e. Conference/Conventional Facilities Conference/Convention facilities shall be provided.

f. Employees Facilities Adequate and well-maintained locker rooms and bathrooms for male and female employees shall be provided.

Section 20.A.4 - Minimum Requirements for Class “A” Resort

The following are the minimum requirements for the operation and maintenance of a Class “A” Resort:

a. Parking An adequate parking space with parking security shall be provided free to guests.

b. Facilities and Room Accommodation The resort shall have its rooms, facilities and amenities equivalent to those of an Economy Hotel.

c. Public Washrooms There shall be a clean and adequate public toilet and bathroom for male and female, provided with sufficient running water, toilet paper and soap.

d. Sports and Recreational Facilities The resort shall offer at least two (2) recreational facilities.

e. Food and Beverage Outlets The resort shall have one (1) food and beverage outlet.

Section 20.A.5 - Minimum Requirements for a Special Interest Resort

For purposes of registration and licensing, the following are the basic requirements for the establishment, operation and maintenance of special interest resorts:

a. Location The camp and ground sites shall be well-drained and is not subject to flooding, it shall be distant from any source of nuisance and shall not endanger sources of any water supply and other natural resources.

b. Lounge and Reception Counter There shall be a reception counter and a reasonably furnished lounge commensurate with the size of the resort.

c. Room Accommodation There shall be at least five (5) lettable bedrooms for permanent site operations. The bedrooms shall be reasonably spacious and provided with comfortable bed(s), as well as sufficient and fresh clean linen, mirror, and electric fan (except in places where electricity is not available). For movable operation, a minimum of sixteen (16) guests plus the staff shall

12

be accommodated in tents, leantos and the like. Where permanent tents are used, flooring shall be at least four (4) inches above the ground. Tents shall be provided with adequate beddings suitable for tropical use. Theme parks may be exempted from these requirements.

d. Toilet and Bathroom There shall be separate clean toilet and bathroom facilities for male and female guests which shall be provided with sufficient supply of running water and situated in appropriate and accessible areas. The same shall be supplied with soap and toilet paper. Adequate portable chemical toilet shall be provided at the camp site for mobile groups. In the absence of chemical toilets, temporary sanitary latrines shall be provided based on acceptable Philippine Standards.

e. Lighting, Furnishing and Ventilation Lighting arrangements and furnishings in all room shall be of good standard. In areas where there is no electrical power, each room shall be provided with non-hazardous portable lights. Adequate means of ventilation shall be provided.

f. Staff and Service Adequate number of trained, experienced, courteous, and efficient staff shall be employed. They shall wear clean uniforms at all times. The frontline staff shall have a good speaking knowledge of English.

Section 20.A.6 - Maintenance and Housekeeping

Maintenance of all sections of the resort shall be of acceptable standard, and shall be on continuing basis, taking into consideration the quality of materials used as well as its upkeep. Housekeeping shall be of such a standard ensuring well-kept, clean and pollution-free premises. A vermin control program shall be regularly maintained in all areas of the resort. Regular and hygienic garbage disposal system shall be maintained. Sanitation measures shall be adopted in accordance with the standards prescribed under P.D. 856, the Code on Sanitation of the Philippines.

Section 20.A.7 - Lifeguard and Security

All resorts shall provide the services of a sufficient number of well-trained lifeguards duly accredited by either the Philippine National Red Cross, the Water Life Saving Association of the Philippines, or any organized organization training or promoting safety objectives and adequate security whenever there are guests.

Section 20.A.8 - Medical Services

All resorts shall provide the services of a physician, either on call or on full time basis, depending on its volume of operation and accessibility to hospital or medical centers. In addition, resorts shall employ adequate first-aiders who have completed a course in first aid duly certified by the National Red Cross or any other organization accredited by the same. Adequate first aid medicines and necessary life-saving equipment shall be provided within the premises.

Section 20.A.9 - Fire Fighting Facilities

Fire-fighting facilities shall be provided in accordance with the Fire Code of the Philippines.

Section 20.A.10 - Signboards

Appropriate signboards shall be conspicuously displayed outside the establishment showing clearly the name and qualification of the resort as determined by the Tourism and Cultural Affairs Division.

Section 20.A.11 - Precautionary Measures

a. Night swimming at the pool shall be allowed only if there are adequate lifeguards on duty

and when the pool premises are sufficiently lighted. b. Management shall post sufficient and visible signs in the strategic areas in swimming pools,

to warn guests/customers of the presence of artificial or natural hazards, danger area or occurrences thereat.

c. Resort keepers, managers or operators shall likewise prohibit gambling of any form, drunkenness or disorderly conduct of any kind, or allow any activity using prohibited drugs in the resort and immediate premises.

13

Section 20.B - Hotels

Section 20.B.1 - Classification of Hotels

For purposes of registration and licensing, hotels are hereby classified into the following categories, namely:

a. De Luxe Class b. First Class c. Standard Class d. Economy Class

Section 20.B.2 - Requirements for a De Luxe Class Hotel

The following are the minimum requirements for the establishment, operation and maintenance

of a De Luxe Class Hotel.

a. Location

The locality and environs including approaches shall be suitable for a luxury hotel of international standard. The facades, architectural features and general construction of the building shall have the distinctive qualities of a luxury hotel.

b. Bedroom Facilities and Furnishings

Size - all single and double rooms shall have a floor area of not less than twenty-five (25) square meters, inclusive of bathrooms. Suite - three shall be one (1) suite per thirty (30) guest rooms. Bathrooms - All rooms shall have bathrooms which shall be equipped with fittings of the highest quality befitting a luxury hotel with twenty-four (24) hours service of hot and cold running water. Bathrooms shall be provided with bathtubs and showers. Floor and wall shall be covered with impervious material of elegant design and high quality workmanship. Furnishing and Lighting - All guest rooms shall have adequate furniture of the highest standard and elegant design; floors shall have superior quality wall to wall carpeting; walls shall be well-furnished with well-tailored draperies of rich materials. Information materials - Room tariffs shall be prominently displayed in each bedroom plus prominent notices for services offered by the hotel, fire exit guidelines, house rules for guests, including food and beverage outlets and hours of operation.

c. Front Office/Reception - There shall be a reception, information counter and guest relations office providing a twenty-four (24) hour service and attended by highly qualified, trained and experienced staff.

Lounge -There shall be a well-appointed lounge with seating facilities the size of which is commensurate with the size of the hotel. Porter Service - There shall be a twenty-four (24) hour porter service. Foreign Exchange Counter - There shall be a duly authorized foreign exchange counter. Mailing Facilities - Mailing facilities including sale of stamps and envelopes shall be available in the premises. Long Distance/Overseas Call - Long distance and overseas call telephone shall be available in the establishment. Telex Facilities- There shall be telex-transceiver facilities in the establishment.

14

d. Housekeeping - shall be of the highest possible standard.

Linens - There shall be plentiful supply of all linens/blanket/towels, etc. which shall be of the highest quality available and shall be spotlessly clean. The linens and towels shall be changed every day. Laundry/Dry Cleaning - Laundry and dry cleaning services shall be available in the establishment. Carpeting - All public and private rooms shall have superior quality carpeting which shall be well kept at all times.

e. Food and Beverages

Dining Room - There shall be a coffee shop and at least one specialty dining room which are well-equipped, well-furnished and well-maintained, serving high quality cuisine and providing entertainment. Bar - Wherever permissible by law, there shall be an elegant and well-stocked bar with atmosphere of comfort and luxury. Kitchen - The kitchen, pantry and cold storage shall be professionally designed to ensure efficiency of operation and shall be well-equipped, well-maintained, clean and hygienic. The kitchen shall have an adequate floor area with non-slip flooring and tiled walls and adequate light and ventilation. Crockery - The crockery shall be of elegant design and superior quality. There shall be ample supply of it. No piece of crockery in use shall be chipped, cracked or grazed. The silverware shall be well plated and polished at all times.

f. Recreational Facilities

Swimming Pool - There shall be a well designed and properly equipped swimming pool. Tennis/Golf/Squash/Gym Facilities -There shall be at least one recreational facility to tie-up with one within the vicinity of the hotel.

g. Entertainment - Live entertainment shall be provided.

h. Engineering and Maintenance Maintenance - Maintenance of all sections of the hotel (i.e., building, furniture, fixture, etc.) shall be of superior standard. Air Conditioning - There shall be centralized air conditioning for the entire building (except in areas which are at minimum 3,000 ft. above sea level).

Ventilation - There shall be adequate lighting in all public and private rooms. Emergency Power - There shall be a high-power generator capable of providing sufficient lighting for all guest rooms, hallways public areas/rooms, operating elevators, food refrigeration and water services Fire Prevention Facilities - the fire prevention facilities shall conform to the requirements of the Fire Code of the Philippines.

i. General Facilities

Outdoor Area - The hotel premises shall have a common outdoor area for guests (examples: a roof garden or a spacious common terrace). Parking Valet -There shall be an adequate parking space and valet service. Function/Conference Facilities - There shall be one or more of each of the following: conference rooms, banquet halls (with a capacity of not less than 200 people seated) and private dining rooms.

15

Shops - There shall be a barber shop, recognized travel agency/tour counter, beauty parlor and sundries shop. Security - Adequate security on 24-hour basis shall be provided in all entrances and exits of the hotel premises. Medical Service - A medical clinic to service guests and employees shall have registered nurse on a 24-hour basis and a doctor on call.

j. Service and Staff - Professionally qualified, highly trained, experienced, efficient and courteous staff shall be employed.

k. Special Facilities - Business center, limousine service and airport transfers shall be provided.

l. Insurance Coverage - There shall be an adequate insurance against accidents for all

guests.

Section 20.B.3 - Requirements for a First Class Hotel

The following are the minimum requirements for the establishment, operation and maintenance of a first class hotel:

a. Location

The location and environs including approaches shall be such as can be considered suitable for a first class hotel of international standard. The facade, architectural features and general construction of the building shall have the distinctive qualities of a first class hotel.

b. Bedroom Facilities and Furnishing Size - All single and double rooms shall have a floor area of not less than twenty-five (25) square meters, inclusive of bathrooms. Suite - There shall be one (1) suite per forty (40) guest rooms. Bathrooms - All rooms shall have bathrooms which shall be equipped with fittings of highest quality befitting a first class hotel with a 24-hour service of hot and cold running water. Bathrooms shall be provided with showers and bathtubs. Floors and walls shall be covered with impervious material of aesthetic design and high quality workmanship. Telephone - There shall be a telephone in each guest room. Radio/Television - There shall be a radio, television and relayed or piped-in music in each guest room. Cold Drinking Water - There shall be cold drinking water and glasses in each bedroom. Room Service - There shall be a 24-hour room service including provisions for snacks and light refreshment. Furnishing and Lighting - All guest rooms shall have adequate furniture of very high standard and very good design; floors shall have wall-to-wall carpeting; or if the flooring is of high quality (marble, mosaic, etc.) carpets shall be provided and shall be of size proportionate to the size of the rooms; walls shall be well furnished with well tailored draperies of a very high quality material. Information Materials - Room tariffs shall be prominently displayed in each bedroom and prominent notice for services offered by the hotels plus fire exit maps.

c. Front Office/Reception

There shall be a reception and information counter providing a 24-hour service and manned by trained and experienced personnel.

16

Lounge -There shall be a lobby and well-appointed lounge with seating facilities and size of which is commensurate with the size of the hotel. Porter Service - There shall be a 24-hour porter service. Foreign Exchange Counter - There shall be a duly licensed and authorized foreign exchange counter. Mailing Facilities - Mailing facilities including sale of stamps and envelopes shall be available in the premises. Long Distance/Overseas Calls - Long distance and overseas telephone shall be available in the establishment. Telex facilities - There shall be available telex-transceiver facilities in the establishment.

d. Housekeeping

Linen -There shall be a good supply of all linen/blanket/towel, etc. which shall be of high quality and shall be spotlessly clean. Bed linens and towels shall be changed daily. Laundry/Dry Cleaning Services - Laundry and dry cleaning services shall be available in the establishment. Carpeting - all public and private rooms shall have high quality carpeting which shall be kept clean at all times.

e. Food and Beverage

Dining Room - There shall be a coffee shop and at least one (1) specialty dining room which are well-equipped, well-furnished, and well-maintained, serving good quality cuisine and providing entertainment. Bar - Wherever permissible by law, there shall be an elegant and well-stocked bar with an atmosphere of comfort. Kitchen -The kitchen, pantry and cold storage shall be professionally designed to ensure efficiency of operation and shall be well-equipped, well-maintained, clean and hygienic. Crockery - The crockery shall be of best quality. No piece of crockery in use shall be chipped, cracked or grazed. The silverware shall be kept well-plated and polished at all times.

f. Recreational Facilities Swimming Pool - There shall be a well designed and properly equipped swimming pool. Tennis/Golf/Squash/Gym facilities - There shall be at least one (1) recreational facility to tie-up with one within the vicinity of the hotel.

g. Entertainment

Live Entertainment shall be provided.

h. Engineering and Maintenance

Maintenance - Maintenance of all sections of the hotel (i.e., building, furniture, fixture, etc.) shall be of very high quality. Air Conditioning - All private and public rooms shall be air conditioned (except in areas which are at a minimum 3,000 feet above sea level). Ventilation - There shall be technologically advanced, efficient and adequate ventilation in all areas of the hotel. Lighting - There shall be adequate lighting in all public and private rooms.

17

Emergency Power - There shall be high-powered generator capable of providing sufficient lighting for all guest rooms, hallways, public area/rooms, operating elevators, food refrigeration and water services. Fire Prevention Facilities - The fire prevention facilities shall conform to the requirements of the Fire Code of the Philippines.

i. General Facilities

Parking/Valet - There shall be an adequate parking space and valet service. Function/Conference facilities - There shall be rooms for conference/banquet purposes. Shops - There shall be a recognized travel agency/tour counter, barber shop, beauty parlor and sundries shop. Security - Adequate security on a 24-hour basis shall be provided on all entrances and exits of the hotel premises. Medical Service - a medical clinic to service guests and employees with a registered nurse on a 24-hour basis and a doctor on call shall be provided.

j. Service and Staff - Highly qualified, trained, experienced, efficient and courteous staff shall be hired. The staff shall be in a smart and clean uniform.

k. Special Facilities - Facilities for airport transfers shall be provided.

l. Insurance Coverage - There shall be an adequate insurance against accident for all guests.

Section 20.B.4 - Requirements for a Standard Class Hotel

The following are the minimum requirements for the establishment, operation and maintenance of a standard class hotel.

a. Location - The locality and environs including approaches shall be of very good standard.

The architectural features and general construction of the building shall be of very good standard.

b. Bedroom Facilities and Furnishings

Size - All single and double rooms shall have a floor area of not less than 18 square meters inclusive of bathroom.

Bathroom - All rooms shall have bathrooms which shall be equipped with showers and fittings of good standard with a cold running water on a 24-hour basis and hot running water at selected hours.

Telephone - There shall be a telephone in each guest room.

Cold Drinking Water - There shall be cold drinking water and glasses in each bedroom.

Room Service - Room service shall be provided at selected hours.

Furnishing and Lighting - All guest rooms shall have furniture of very good standard and design; floors shall have quality carpets; walls shall be well-finished and drapes shall be well-tailored and of good material.

Lighting arrangement and fixtures in the rooms and bathrooms shall be well-designed ensuring complete satisfaction functionally.

Information Materials - Rooms tariffs shall be prominently displayed in each bedroom plus prominent notices for services offered by the hotel, fire exit guidelines, house rules for guests, including food and beverage outlets and hours of operation.

c. Front Office/Reception - There shall be a reception information counter providing a 24-hour service and attended by qualified and experienced staff.

Lounge - There shall be a well-appointed lounge the size of which shall be commensurate with the size of the hotel.

18

Porter Service - Porter service shall be upon request. Foreign Exchange Counter - There shall be a duly licensed and authorized foreign exchange counter. Mailing Facilities - Mailing facilities including sale of stamps and envelopes shall be available in the premises. Long Distance/Overseas Calls - Long distance/overseas calls shall be made available upon request. Reception Amenities- There shall be left-luggage rooms and safety deposit boxes. Telex Facilities - Telex facilities shall be optional.

d. Housekeeping - shall be of good standard.

Linen - There shall be adequate supply of linen/blanket/towels, etc. of good quality which shall be kept clean. Linens and towels shall be changed daily. Laundry - Laundry and dry cleaning services shall be available by arrangement. Carpeting - There shall be carpets in all bedrooms and the floors of public rooms shall be properly covered unless the flooring is of very high standard.

e. Food and Beverage

Dining Room - There shall be at least one (1) dining room facility which is well-equipped and well-maintained and serving good quality cuisine and providing entertainment. Bar - Wherever permissible by law, there shall be a bar. Kitchen - The kitchen, pantry and cold storage shall be professionally designed to ensure efficiency of operation and shall be well-equipped, well-maintained, clean and hygienic. The kitchen shall have an adequate area with flooring and tiled walls and adequate light and ventilation. Crockery - The crockery shall be of good quality. No piece of crockery in use shall be chipped, cracked, or gazed. The silverware shall be kept well plated and polished at all times.

f. Engineering and Maintenance

Maintenance - Maintenance of hotel in all sections (i.e, building, furniture, fixtures, etc.) shall be of good standard. Air Conditioning - At least seventy-five percent (75%) of the rooms shall be air-conditioned (except in areas which are at a minimum of 3,000 feet above sea level). Ventilation - There shall be efficient and adequate ventilation in all rooms. Lighting - There shall be a high-powered generator capable of providing sufficient lighting for all guest rooms, hallways, public areas/rooms, operating elevators, food refrigeration and water services. Emergency Power - There shall be a high-powered generator capable of providing sufficient lighting for all guest rooms, hallways, public areas/rooms, operating elevators, food refrigeration and water services. Fire Prevention Facilities - The fire prevention facilities shall conform to the requirements of the Fire Code of the Philippines.

g. General Facilities

Parking - There shall be adequate parking space. Shops - There shall be a sundries shop.

19

Security - Adequate security on a 24-hour basis shall be provided on all entrances and exits of the hotel premises. Medical Services - There shall be a registered nurse on a 24-hour duty and a doctor on call.

h. Service and Staff - Only qualified, trained, experienced, efficient and courteous staff shall be employed. The staff shall be in clean uniform.

i. Special Facilities - Facilities for airport transfer shall be provided. j. Insurance Coverage - There shall be an adequate insurance against accident for all guests.

Section 20.B.5 - Requirements for an Economy Class Hotel

The following are the minimum requirements for the establishment, operation and maintenance of an Economy Class Hotel:

a. Location - The locality and environs including approaches shall be suitable for a good hotel.

The building shall be well constructed and in the case of new buildings, they shall be designed by a competent architect.

b. Bedroom Facilities and Furnishings

Size - all single and double rooms shall have a floor area of not less than eighteen (18) square meters inclusive of bathroom. Bathroom - All rooms shall have bathrooms which shall be equipped with showers and basic fittings of modern sanitation with cold running water on a 24-hour basis and hot running water at selected hours. Telephones - There shall be a telephone in each guest room. Room Service - Room service shall be provided at selected hours. Furnishing and Lighting - All guest rooms shall have the basic furnishing of good design; floor shall be well-finished. Lighting and arrangements and fixtures in all rooms and bathrooms shall be of good standard. Information Materials - Rooms tariffs shall be prominently displayed in each bedroom and prominent notices for services offered by the hotel, fire exit guidelines, house rules for guests, including food.

c. Front Office/Reception - There shall be a reception and information counter providing a 24-hour service equipped with telephone.

Lounge - There shall be reasonably furnished lounge commensurate with the size of the hotel. Porter Service - Porter service shall be upon request. Mailing Facilities - There shall be mailing facilities. Communication Facilities - There shall be mailing facilities and telex/telephone with long distance/ overseas call.

Long Distance/Overseas Calls - Long Distance/Overseas calls shall be made available upon request. Reception Amenities - There shall be left-luggage, safe deposit and key drop boxes. Telex Facilities - Telex facilities shall be optional.

d. Housekeeping - Premises shall be kept clean and tidy.

Linen - Clean, good quality linen/blankets/towels, etc. shall be supplied and changed daily.

20

Laundry/Dry Cleaning Services - Laundry and dry cleaning services shall be available by arrangement.

e. Food and Beverage

Dining Room - There shall be at least one equipped and maintained dining room/restaurant serving good, clean and wholesome food. Kitchen - There shall be clean, hygienic and well-equipped and maintained kitchen and pantry. The kitchen shall have an adequate floor area with non-slip flooring and tiled walls and adequate light and ventilation. Crockery - The crockery shall be of good quality.

f. Engineering and Maintenance

Maintenance - Maintenance of the hotel in all sections (i.e., building, furniture, fixtures, etc.) shall be of good standard. Air-Conditioning - At least 50% of the rooms shall be air-conditioned (except in areas which are at a minimum of 3,000 feet above sea level). Ventilation - There shall be adequate lighting in all public and private rooms. Lighting - There shall be adequate lighting in all public and private rooms. Emergency Power - There shall be a spare generator available to provide light and power in emergency cases. Fire Prevention - The fire prevention facilities shall conform to the requirements of the Fire Code of the Philippines.

g. General Facilities

Shops - There shall be sundries shop counter. Security - Adequate security on a 24-hour basis shall be provided on all entrances and exits of the hotel. Medical Service - The service of a doctor shall be available when needed.

h. Service Staff - The staff shall be well-trained, experienced, courteous and efficient.

i. Special Facilities - Airport transfer shall be provided upon request.

j. Insurance Coverage - There shall be an adequate insurance against accidents for all

guests.

Section 20.C - Basic Requirements for Apartments-Hotels, Apartel For purposes of registration and licensing, the following are the basic requirements for the

establishments, operation and maintenance of apartels: a. Number of Units - The apartel shall have at least a minimum of twenty five (25) lettable

apartments.

b. Apartment - Each apartment of the apartel shall be provided with living and dining areas, kitchen and bedroom with attached toilet and bath.

c. Living Area - The living area shall be provided with essential and reasonably comfortable

furniture.

d. Kitchen - The kitchen shall be spacious, clean hygienic and adequately equipped with cooking utensils. It shall also be provided with facilities for storage and refrigeration of foods, for disposal of garbage and for cleaning of dishes and cooking utensils.

21

e. Dining Area - The dining area shall be spacious and provided with dining table and chairs, including all essential dining facilities such as but not limited to plates, spoons and forks, drinking glasses, etc.

f. Toilet and Bathroom - The bathroom shall always be clean and have adequate sanitation and running water.

g. Bedroom - The bedroom shall be spacious and provided with comfortable bed. There shall also be provided a closet and mirror.

h. Linen - The apartel shall have sufficient number of good, clean linen.

i. Ventilation - The apartment shall be sufficiently ventilated, and if possible, each bedroom shall be air-conditioned or provided with an electric fan.

j. Lighting - Lighting arrangements and fixtures in all rooms shall be adequate.

k. Telephone - There shall be a telephone or a “call bell” button.

l. Elevators - An elevator shall be provided for a building of more than three (3) storeys whenever possible.

m. Staff and Services - The staff shall be trained, experienced, courteous and efficient. They shall be provided with smart and clean uniforms.

n. Medical Facilities - A first-aid clinic stocked with appropriate medicines and drugs to service employees and guests shall be provided. Apartels with more than 100 apartments shall hire the services of a physician on call.

o. Fire-Fighting Facilities - An apartel shall provide fire-fighting facilities in accordance with the Fire Code of the Philippines.

p. Lounge and Reception Center - There shall be a reasonably furnished lounge commensurate with the size of the apartel. The reception counter shall be attended by trained and experienced staff and shall also be provided with a telephone.

q. Security - Adequate security on a 24-hour basis shall be provided on all entrances and exits of the apartel premises.

r. House Rules and Regulations - The apartel shall prescribe reasonable house rules and

regulations to govern the use of apartment and other facilities of the apartel. Section 20.D - Basic Requirements for Tourist Inns

For purposes of registration and licensing the following are the basic requirements for the establishment operation and maintenance of a tourist inn:

a. Location - The tourist inn, except those already existing and licensed by the DOT, shall be located along principal roads, and highways or transportation route and open to business on a 24-hour basis.

b. Bedroom Facilities and Furnishings - All bedrooms shall have attached toilet and bath equipped with 24-hours service of running water. They shall have adequate natural as well as artificial light and ventilation and shall be furnished with comfortable beds and quality furniture (mirror, writing table, chair, closet dresser per room).

Wall shall be painted, wall papered or architecturally designed, clean and pleasing to the eyes. Windows shall be furnished with clean and appropriate draperies. Floor shall be of good flooring materials.

All single bedrooms shall have a floor area of not less than nine (9) square meters and all twin rooms or double rooms shall have a floor area of not less than sixteen (16) square meters.

There shall be a vacuum jug or thermos flask with drinking water with glasses in each bedroom. There shall be adequate supply of good linen blankets in each occupied room.

c. Facilities - There shall be adequate parking space for vehicles proportionate to the number

of lettable rooms and other public facilities of the inn.

22

There shall be a reception and information counter attended by qualified, trained and experienced staff. There shall be a lobby and well-appointed lounge for seating and/or reading purposes. There shall be adequate telephone facilities for the use of all guests at least in public areas. Services for long distance telephone calls and overseas calls shall be made available to guests. There shall be provisions for radios and/or TV sets for the use of guests upon request. There shall be well-equipped, well-furnished and well-maintained dining room/restaurant for its guests as well as the public in general. A kitchen, pantry and cold storage shall be designed and organized to ensure efficiency of operation and shall be well-maintained, clean and hygienic. Washing of cooking utensils, crockery, cutlery, glassware, etc. shall be sanitarily done. Adequate security shall be provided to all guests and their belongings. Inns with more than fifty (50) lettable rooms shall have emergency power facilities to light the common areas and emergency exits in case of “brown outs” or power failure. Adequate fire-fighting facilities shall be available as required by the Local Fire Department in the locality and/or Fire Code of the Philippines.

Section 20.E - Basic Standard Requirements for Pension House

For purposes of licensing and registration, the following are the basic requirements for the establishment, operation and maintenance of a pension:

a. Number Of Rooms - A pension shall have at least five (5) lettable rooms.

b. Bedrooms - The bedrooms shall be provided with sufficient number of comfortable beds commensurate with the size of the rooms.

Each room shall have adequate natural as well as artificial light and ventilation. It shall be provided with at least an electric fan, writing table, a closet and a jug with glasses proportionate to the number of beds in the room. Rooms shall be clean and presentable and reasonably furnished to depict the true atmosphere of a Filipino home.

c. Common Toilet and Bathroom - The establishment shall provide a toilet and a bathroom to be used in common by the guests. There shall be at least one (1) bathroom/shower for every five (5) occupants in all lettable rooms.

d. Linen - There shall be an adequate supply of clean linen and towels. Soap and tissue paper shall be provided at all times.

e. Living Room - There shall be reasonably furnished lounge or living room area commensurate to the size of the pension where the guest may receive visitors or watch TV or read.

f. Dining Room - The pension shall have a dining room which shall be available for the common use of the guests.

Section 20.F - Basic Standard Requirements for Restaurant

For the purpose of licensing and registration, the following are the minimum requirements that must be complied with by restaurants:

a. Location - The locality and environs including approaches shall be pleasant and provided with proper ingress of customers.

b. Parking - There shall be adequate, secured parking space provided free for customers.

c. Reception - A reception shall be available to usher in guests. A waiting lounge with telephone shall also be provided.

23

d. Dining Room - The dining room shall be adequate in size, with sufficient and well- maintained furniture. Flooring materials shall be kept clean at all times. Atmosphere - The restaurant shall have a pleasant atmosphere. Cuisine - There shall be a cuisine of good quality and presentation which maybe of special interest to tourists available during normal meal hours and served with distinction. Raw food used shall meet minimum government and international standards of grading quality. Menu Book/Card - There shall be a menu book or card which shall be presentable, clean and easy to read with the menu items listed in logical sequence. All items shall be made available at all times on a best effort basis. Linen - All tables shall have clean table cloth and/or napkins of good quality. They should not be faded, not with fray edges and stains and should be changed after every service. Crockery - No piece of crockery, cutlery and tableware in use shall be chipped, cracked, or grazed. The silverware shall be kept polished and clean at all times.

e. Service And Staff - Adequate number of well-trained, well-groomed, experienced, efficient and courteous staff shall be employed.

f. Bar - The bar shall be well-stocked at all times.

g. Comfort Room - All comfort rooms shall be of good quality fixtures and fittings and provided with running water. The floor and walls shall be covered with impervious materials of good quality workmanship and shall be kept clean and sanitary at all times. Tissue paper, soap, paper, towels and/or hand drier shall be provided.

h. Kitchen - The kitchen pantry and cold storage shall be in good operating condition at all

times and shall be well-equipped and hygienic. Equipment necessary to maintain a high standard of sanitation and hygiene shall be installed and used.

i. Lighting - Adequate lighting arrangement and fixtures shall be installed in the dining rooms, public rooms, comfort rooms, corridors and other public areas.

j. Air-conditioning/Ventilation - All main dining rooms or function rooms shall be fully air-conditioned and/or well-ventilated.

k. Maintenance - All sections of the restaurants (e.g. building, exterior, interior, air-conditioned,

kitchen, fixtures, plumbing, etc.) shall be maintained properly at all times. A periodic vermin control program shall be maintained for all establishments.

l. Fire-Fighting Facilities - Adequate fire-fighting facilities shall be provided in accordance with

the Fire Code of the Philippines. Section 20.G - Minimum Requirements for Bar/Cocktail Lounge/Night Club

For the purpose of licensing and registration, the following are the minimum basic requirements that must be supplied with by bars/cocktail lounge/night clubs:

a. Location - Subject to the provisions of the existing laws and ordinances, locality and environment including approaches should be pleasant with an atmosphere of comfort. The façade and architectural features of the building shall be appropriately designed.

b. Reception Counter - There shall be a reception counter with a telephone attended by highly

qualified, trained and experienced staff. A receptionist shall be available to usher in guests/customers.

c. Engineering and Maintenance

Lighting - Technologically advanced, efficient and adequate lighting arrangement and fixtures shall be installed in all rooms/areas of the establishment. Air-conditioning/Ventilation - The premises shall be fully air-conditioned and/or well ventilated.

24

Emergency Power - There should be a high-powered generator capable of providing sufficient lighting in all sections/areas of the establishment, including food refrigeration and water services.

Maintenance - Maintenance of all sections of the establishment shall be of acceptable standard and shall be of continuing basis, taking into consideration the quality of materials used as well as its upkeep. Regular and hygienic garbage disposal system shall be maintained. Sanitation measures shall be adopted in accordance with the standards prescribed under the Code of Sanitation of the Philippines.

Fire-fighting Facilities - Shall be provided in accordance with the Fire Code of the Philippines.

Signboards - Appropriate signboards shall be conspicuously displayed outside the establishment showing clearly the name of the cocktail lounge/night club/bar, subject to the issuance of necessary permits and payment of fees.

A periodic vermin control program shall be maintained.

d. Food and Beverage - Dining room should be well-equipped, well-furnished and well-maintained, serving good quality cuisine with good presentation which maybe of special interest to tourist. It should be available during normal meal hours and served with distinction. Raw food used shall meet minimum government and international standards of grading and quality, flooring materials shall be kept clean at all times.

Bars should be well-stocked at all times with an atmosphere of comfort.

e. Kitchen/Pantry/Cold Storage - Should be professionally designed to ensure efficiency of

operation and should be well-equipped, well-maintained, clean and hygienic. It should have an adequate floor area with non-slip flooring, tiled walls, and adequate light and ventilation.

f. Crockery - Should be best designed and quality and should have an adequate supply of it.

No piece of crockery in use should be chipped, cracked, or grazed; silverware should be kept well-plated and polished at all times.

g. Menu/Beverage Book or Card - There should be a menu/beverage book or card which shall

be presentable, clean and easy to read with the menu/beverage items listed in logical sequence. At all times shall be made available on a best-effort basis.

h. Linen - All tables shall have clean table cloths and cloth napkins of good quality. They

should not be faded nor with frayed edges and stains and should be changed after service. i. Comfort Room - Shall be of good quality fixtures and fittings and provided with running

water. The floor and walls shall be covered with impervious materials of good quality workmanship and shall be kept clean and sanitary at all times. Tissue paper, soap, paper towels and/or hand drier shall be provided.

j. General Facilities

Parking Space - An adequate parking space with security shall be provided free to guests/customers.

k. Entertainment - Live entertainment (such as bands, combos, models, singers, dancers)

should be provided but strictly no lewd, obscene, or bold shows.

l. Staff and Service - Adequate number of trained, experienced, courteous and efficient staff shall be employed. They shall wear smart and clean uniforms at all times.

m. Employee Facilities - Adequate and well-maintained locker rooms and bathrooms for male

and female employees shall be provided. n. Precautionary Measures - Management shall post sufficient and visible signs in strategic

areas of the cocktail lounge/night club/bar to warn and/or inform the guests/customers of the rules and regulations, fire exit guidelines, including hours of operation, to observe while inside the premises.

25

o. Prohibited Acts and Practices - Littering in cocktail lounge/night club/bar shall be strictly prohibited. Cocktail lounge/night club owners shall keep their premises clean and shall adopt their own anti-littering measure.

Cocktail lounge/Night Club/Bar Owners/Keepers/Manager/Operators shall not allow prohibited gambling of any form and disorderly conduct of any kind in its premises.

Minors are not allowed to enter the premises.

Guests/Customers wearing shorts, sando, and slippers shall not allowed to enter.

Firearms and deadly weapons are strictly prohibited inside the premises.

Live entertainment (such as bands, combos, models, singers, dancers) should be provided but strictly no lewd, obscene or "bold" show.

Section 20.H - Basic Standard Requirements for Shops/Department Stores

For the purpose of licensing and registration, the following are the minimum basic requirements that shall be complied with by shops/department stores:

a. Physical Requirements

The establishment shall be fronting a major street or thoroughfares or situated in a shopping center/mall. The entrance and display windows shall be attractively designed and adequately illuminated. The furniture and décor of the establishment shall be presentable and functional at all times. The shop shall be fully air-conditioned. Well-maintained restrooms shall be provided for by the establishment itself, or in the event that the shop is located, in a shopping mall or commercial building, the common/public restrooms, shall be made available to the clients and visitors. In case of department stores: The store shall be an edifice or a building or may form part of a shopping mall/center. Parking area shall be made available to clients. There shall be appropriate directional signs.

b. Staff - All members of the staff shall be well-groomed, courteous and efficient at all times.

c. Service Goods displayed in the shop windows or show cases shall be provided with clearly written price tags. A wide selection of goods shall be in stock. A receipt shall be supplied to the tourists for each purchase. The full name and address of the establishment shall be printed on the receipt. Purchase shall be itemized together with the price, and any addition or tax paid or discount granted on the goods shall be indicated. The business shall be responsible for the maintenance of its facilities and premises and its immediate surroundings (sidewalk, yard, etc.). In case of antique shops, a certificate confirming authenticity shall be attached to each article in accordance with the guidelines/instructions of the National Museum.

Section 20.I - Minimum Requirements for Travel Agencies

The travel agency shall comply with the following office requirements:

26

a. It shall be located in a commercial district and not in a residential area. b. It shall be used exclusively for the travel agency business. c. It shall be easily identifiable.

Section 20.J - Basic Requirements for Tourist Land Transportation Vehicles

For purposes of registration and licensing the following are the basic requirements for the operation and maintenance of a tourist transport:

a. Registered Carrying Capacity - A tourist transport operator shall only be allowed to apply for license for the number of units covered by its franchise.

b. Road Worthiness - To be registrable, every tourist transport must be found roadworthy upon inspection by the Tourism and Cultural Affairs Division in coordination with the LTO and shall not in the case of bus or coaster, be more than ten (10) years, reckoned from the year of manufacture; not more than five (5) years for a tourist car.

c. Left- Hand-Drive - Every transport shall be provided with a left-hand-drive.

d. Ventilation - Every tourist transport shall be properly equipped with adequate air-

conditioning units.

e. Fire-Fighting Facilities - A tourist transport shall be provided or installed with at least one (1) portable fire extinguisher for the protection of its passengers.

f. Imprint of Company’s Name and Logo - The company’s name and logo shall be imprinted at

the rear sides, respectively of the tourist transport.

g. Public Address System - For tourist buses or coasters, a public address system must be installed.

h. First- Aid Kit - Every tourist shall be provided with a first-aid kit and an adequate supply of

emergency medicines.

i. Seats - Every tourist shall be provided with clean and comfortable seat.

j. Storage Space - A tourist transport shall have enough leg room and sufficient storage space.

k. Garage - Every tourist transport operator shall provide an adequate garage and repair shop

for the maintenance of its equipment, as well as a parking space sufficient to accommodate all its registered units.

Section 20.K - Basic Requirements for Associations

For the purpose of licensing and registration, the following are the minimum requirements that must be complied with by an association.

a. All members shall be duly licensed and registered by the Tourism and Cultural Affairs

Division. b. The Association shall also be duly registered with the Tourism and Cultural Affairs Division.

c. There shall be a Code of Ethics already formulated by the applicant governing the conduct

of its members in their dealing with one another and the conduct to be observed by the staff or employees towards each other and/or their guests or clients; Provided, that, in case of conflict between any provision of these rules and said Code of Ethics, the former shall prevail.

Section 21 - Registration of Tourism-Oriented and Tourism-Related Establishments, Associations and Service Providers

Tourism-oriented and related establishments duly licensed by the BPLD and have met the minimum requirements set on this code shall register with the Tourism and Cultural Affairs Division.

Section 22 - Application for Registration

Any person, partnership, corporation or other entity operating a tourism-oriented or related establishment or offering basic tourism services shall accomplish in duplicate and notarize the application form and submit it to the Tourism and Cultural Affairs Division. The TCAD will then conduct

27

an inspection to determine whether or not the applicant qualifies for registration. Should the applicant fail to meet the minimum requirements, he/she shall be obliged to adhere to the recommendations of the TCAD. All qualified applicants shall pay the tourism registration fee at the Municipal Treasurer’s Office and submit the receipt to the TCAD for the issuance of certification of registration.

Section 23 - Who are Authorized to Sign Application

In the filing of application for registration, the following shall be considered authorized to sign said application:

a. In the case of sole proprietorship, the owner thereof or his duly authorized representative. b. In the case of partnership, one of the partners designated in a Sworn Certification by all the

partners to sign the application. c. In the case of corporation, the person named in a board resolution authorized to sign the

application or person so designated in its By-Laws. Section 24 - Documents Required to Support Application for Registration

For newly established tourism business, unless otherwise indicated in the form, the application shall be composed of four (4) copies of the following documents:

a. Resort 1. In the case of corporation or partnership, a certified true copy of the articles of Incorporation,

its By-laws, or Articles of Partnership and Amendments thereof, duly registered with the Securities and Exchange Commission and Business Name Certificate. In the case of single proprietorship, Business Name Certificate and amendments thereof, if any.

2. A list of the names of all officials and employees and their respective designation, nationality, home address; alien personnel, valid visa from Bureau of Immigration and Deportation and the proper permit for the Department of Labor and Employment shall be submitted.

3. List of proprietors, principal owners, major partners, major stockholders, controlling members and their nationalities.

4. Sworn Certificate or list containing the names of hotel keeper/manager, assistant hotel keeper/manager and other members of the resort staff and their respective designations, nationalities, home address, and accompanied by a passport size photo of each of them.

5. Joint venture and/or technological assistance agreements, if any, existing or proposed and

about to be entered into with foreign nationals.

6. Annual Comprehensive General Liability insurance for guests in the amount of not less than the following:

Class *AAA*………………………………… P 100,000.00 Class *AA*………………………………….. 50,000.00 Class *A*…………………………………….. 50,000.00 Special Interest Resort…………………….. 50,000.00

7. Schedule of current room rates

There shall be provided in printed form and readily available or posted in conspicuous place in the reception counter or in every room of all resorts, the current room rates for off-season and Ati-atihan season (January 1-31, every year) specifically for every type of room (single, double, twin, matrimonial, executive suite, cabanas, villas, etc.) and the amenities (aircon, fan, toilet and bath, etc.) for the information and guidance of all resort customers and guests. Such room rates shall be provided to the Tourism and Cultural Affairs Division for recording, monitoring and information purposes.

b. Hotel 1. In the case of corporation, partnership, single proprietorship, or other entity, a certified copy

of its articles of incorporation and by-laws, constitution and bay-laws, articles of partnership or association; or registration of business name and amendments thereof, duly registered with the Securities and Exchange Commission or other registering government agency, as the case maybe;

28

2. In the case of a corporation, association or other entity, list of directors and other principal

officers and their respective nationalities. If any director or officer is a naturalized Filipino Citizen, such fact should be stated, accompanied by a copy of his certificate of naturalization or citizenship;

3. List of proprietors, principal owners, major partners, major stockholders, controlling

members and their nationalities.

4. Sworn Certificate or list containing the names of the hotel keeper/manager, assistant hotel staff and their respective designations, nationalities, home addresses and accompanied by a passport size photo of each of them.

5. Joint venture and/or technological assistance agreements, if any, exiting or proposed and

about to be entered into with foreign nationals.

6. Schedule of current room rates and F&B prices of menu. There shall be provided in printed form and readily available or posted in conspicuous place in the reception counter or in every room of all resorts, the current room rates for off-season and Ati-atihan season (January 1-31, every year) specifically for every type of room (single, double, twin, matrimonial, executive suite, cabanas, villas, etc.) and the amenities (aircon, fan, toilet and bath, etc.) for the information and guidance of all resort customers and guests. Such room rates shall be provided to the Tourism and Cultural Affairs Division for recording, monitoring and information purposes.

c. Tourist Inn/Apartel

1. In the case of corporation or partnership, a certified true copy of the Articles of Incorporation,

its By-Laws or Articles of Partnership and amendments thereof, duly registered with the Securities and Exchange Commission and Business Name Certificate.

2. A list of the names of all officials and employees and their respective designations, nationalities and their home address; for alien personnel, valid visa from the Bureau of Immigration and Deportation and the proper permit from the Department of Labor and Employment.

3. Annual General Liability Insurance for guests in the amount of not less than the following:

Apartel ……………………………………………………………. P 50,000.00 Tourist Inn ……………………………………………………….. P 50,000.00

4. There shall be provided in printed form and readily available or posted in conspicuous place in the reception counter or in every room of all resorts, the current room rates for off-season and Ati-atihan season (January 1-31, every year) specifically for every type of room (single, double, twin, matrimonial, executive suite, cabanas, villas, etc.) and the amenities (aircon, fan, toilet and bath, etc.) for the information and guidance of all resort customers and guests. Such room rates shall be provided to the Tourism and Cultural Affairs Division for recording, monitoring and information purposes.

d. Travel Agency 1. Documents required for registration:

a. A copy of the Certificate of Registration with the Securities and Exchange Commission.

b. A copy of the registration of the business name, if sole proprietorship.

c. Two-year projected financial statements to reflect, among other things, a minimum

working capital of Five Hundred Thousand Pesos (P500,000.00).

d. Surety Bond and/or Comprehensive Liability Insurance in the amount of Five Hundred Thousand Pesos (P500,000.00) issued by a duly accredited insurance company of good standing in favor of the Municipal Government of Kalibo and conditioned to answer for any and all liabilities resulting from or incurred in the course of travel and tour operator, which shall be valid for a period of one (1) year from the date of issuance of the license and renewable every year thereafter.

29

e. Complete list of personnel together with one (1) 1 x 1 photo of each and notarized certification of the General Manager that they are without criminal record.

f. List of the names and addresses of Tour Guides and Travel Representatives

g. For alien personnel, valid visa from the Bureau of Immigration and the proper working

permit from the Department of Labor and Employment;

h. Such other documents the TCAD may require pursuant to existing laws, ordinances and other legal issuances.

2. Additional requirements for Travel agency using a Motor Vehicle - No travel agency shall

use any motor vehicle while conducting or transporting tourists, unless such motor vehicle is registered with TCAD and sporting a tourist plate.

e. Tour Guide

1. For professional tour guides, proof that the applicant has passed a seminar for tour guides

duly conducted by the Department of Tourism or other government agencies and training institutions; provided, however, that this requirement may be waived by the TCAD with the concurrence of the KTCC where the applicant possesses special academic or professional qualification relevant to tourism.

2. For community guides, certificate of participation in tour guiding seminar conducted by the Municipal Government of Kalibo and other training institutions.

3. Certificate of good health issued by any duly accredited government physician.

4. Clearance from the National Bureau of Investigation. 5. Barangay and police clearances (for community guides).

6. In the case of alien applicants, proof of employment with duly licensed agency, permit to

work or registration certificate from the Department of Labor and Employment, and proof of reciprocity which shall consist of a certificate by the proper official of the home state of the applicant to the effect that he/she is experienced in tour guiding which must be properly authenticated.

7. Latest Income Tax Return.

f. Tourist Transport Operator

1. Business name certificate and all amendments thereto, if any, cin the case of a corporation

or partnership, a certified true copy of the Articles of Incorporation, its By-laws or Articles of Partnership and amendments thereto, if any, duly registered with the Securities and Exchange Commission;

2. Proof of ownership or lease over an area adequate to serve as maintenance depot and garage for all its units;

3. A list of names of all officials and employees and respective designation, nationalities, home address, certified correct under oath by the Secretary of the firm or the proprietor himself.

4. Surety bond and/or Comprehensive General Liability in the amount of Ten Thousand Pesos (P 50,000.00) issued by a duly licensed insurance or bonding company of good standing in favor of the Municipal Government of Kalibo and conditioned to answer for any and all liabilities resulting from or incurred in the course of the tourist transport operations; and

5. Such other papers or documents as maybe required form time to time by TCAD, pursuant to existing laws, ordinances and other legal issuances.

g. Tourist Transport

1. A copy of the LTO registration of the tourist transport; 2. A copy of the LTFRB certificate of Public Conveyance franchise or authorization; 3. A copy of the transportation rates as approved by the LTFRB 4. A compulsory motor vehicle liability insurance in the amount of not less than the following:

Third Party Liability P 50,000.00/unit

30

Passenger Accident P 50,000.00/person 5. Pictures of the vehicle showing the side, back and front views thereof, with the company's

name and logo imprinted at its rear sides, respectively; and 6. Such other papers and documents as may be required form time to time by TCAD, pursuant

to existing laws, ordinances and other legal issuances.

h. Tourism-Related Establishment

1. In the case of corporation or partnership, a certified true copy of the Articles of Incorporation, its By-laws, or Articles of Partnership and amendments thereof, duly registered with the Securities and Exchange Commission, and Business name Certificate in case of single proprietorship, and amendments thereof, if any;

2. List of the names of all officials and employees and addresses; for alien personnel - valid visa from the Bureau of Immigration and the proper permit from the Department of Labor and Employment; and

3. Such other requirements as may be requested and/or deemed necessary by TCAD, BPLD,

and other implementing offices/department.

Establishment catering exclusively to international tourists with offices in Kalibo shall also be required to register with TCAD.

Section 25 - Registration Fee A registration fee shall be imposed on all tourism establishments, whether operating as principal, branch or extension in Kalibo payable as follows and without prejudice to the collection of fees and surcharges imposed under existing laws, ordinances, regulation and other local issuances:

a. Payable Annually 1. Resorts

Class "AAA" P 2, 000.00 Class "AA" P 1, 500.00 Class "A" P 1, 000.00 Special Interest Resort P 1, 000.00

2. Tourist Inns and Pension House P 1, 000.00 3. Travel Agency P 3, 000.00 4. Tour Guides P 75.00 5. Tourism-Related Establishment P 1, 000.00 6. Tourism Transport Operator P 1, 000.00

b. Payable Annually to be Divided into Three Installments

1. Hotel De Luxe Class P 11, 000.00

First Class P 9, 000.00 Standard Class P 6, 000.00 Economy Class P 4, 000.00

2. Apartels with 75 or less apartments P 1,200.00 with 76 to 100 apartment P 2, 400.00 with more than 100 apartments P 4, 200.00

Section 26 - Issuance of Certificate of Registration, Sticker or Identification Card

After having determined that all requirements set forth in the preceding sections have been satisfied and/or completed by the applicant, the TCAD shall issue the corresponding Certificate of Registration, Sticker and Identification Card within seven (7) working days after the receipt of application.

Section 27 - Objection to Applications for Registration

Any person may file a written objection to the TCAD for the issuance or renewal of certificate of registration, license and sticker to the applicant. The objection shall state the facts upon which it is based and shall be sworn to before a person authorized to administer oath. Upon receipt of such objection, the TCAD shall within furnish the applicant with a copy of the objection and require them to

31

answer within five (5) working days from the receipt thereof. Within seven (7) days from receipt of the answers of the applicant, the TCAD and KTCC shall then conduct a hearing with both parties duly notified and present. The TCAD and KTCC shall render a decision on the objection within seven (7) days after the hearing. Section 28 - Validity of Certificate of Registration The certificate of registration of tourism-oriented and tourism-related establishments shall be valid until revoked or cancelled for a valid cause. If the tourism-oriented and/or tourism-related establishment concerned has ceased operation for at least six (6) months, it shall reapply for registration. Section 29 - Closure of Tourism-Oriented 0r Related Establishments, Imposition of Fines, Forfeiture of

Bond, Suspension, Cancellation and/or Non-Renewal of Registration The following are the grounds for closure of tourism-oriented and related establishments and the penalties for violations:

a. Making any false declaration or statement or making use of any such declaration or statement or any document containing the same or committing fraud or any act of misrepresentation/accreditation/re-accreditation or license;

b. Failure to comply with or contravene any of the condition set forth in license;

c. Failure to meet the standards and requirements for the operation of tourism establishments, as prescribed in these rules;

d. Failure to submit the required supply and demand data stated in Section 39 of Article IX

e. Serious physical injury or loss of life of any guest due to fault or negligence of its official or employee (for resort/hotel/tourist inn/apartel/other tourism related establishments);

f. Allowing or permitting the tourism establishment, including any of its facilities, to be used for illegal, immoral, illicit activities; such as gambling, prostitution, etc. (for resort/hotel/tourist inn/apartel/other tourism related establishment);

Managers and/or operators shall exert all possible efforts not to permit a person whom

they know to be drunk and/or have reason to believe to be a prostitute, a pedophile or a bad character to occupy any room or to frequent the premises. To accomplish this end, they shall immediately report to the nearest police station the presence in the premises of any such person.

g. Violation of any of the conditions of the LTFRB franchise ( for tourist transport operation);

h. Tolerance of gross misconduct, discourtesy, dishonesty, or misrepresentation and/or

fraudulent solicitation of business committed by any of the officers or employees against their clients to the detriment of the tourism industry;

i. Willful violation of agreements and/or contracts entered into by the tourism establishment

and its clients;

j. Failure to replace or renew the CGL/CTPL within fifteen (15) days from the date when said bond is ordered, forfeited, or confiscated in accordance with these rules or cancelled and/or revoked for whatever cause (in case of travel agency);

k. Failure to pay fine, as well as fees, dues and contribution imposed under existing laws;

l. Failure to submit a notice of any change in its personnel within fifteen (15) working days of

such change;

m. Employment/hiring of employees (Tour Guides) who are not holders of license issued by the BPLD or Department of Tourism and non-Filipino employees, whether contractual or permanent, without valid working visa and work permit;

n. Non-settlement of account and/or non-remittance of collections due to carrier of their co-

agencies, or any agency of the government or any individual within the period prescribed by laws;

o. Any other acts/omissions that worked against the interest of the tourism industry.

32

In case of Tour Guides, the following are grounds for cancellation and suspension of registration:

1. Cancellation of Registration

a. Conviction of a crime involving moral turpitude; and b. Conviction of more than one of any of the acts enumerated in No. 2 hereunder.

2. Suspension of Registration

a. Any overt act of dishonesty, misrepresentation or misconduct committed against a member of his/her tour group of against her employer or co-employees;

b. Forced tipping or contributions from tourists;

c. Failure to comply with the requirements as to the compulsory wearing of ID; and

d. Violation of any of the provisions of these Rules and Regulations.

Section 30 - Regulation, Control, and Supervision of the Operation of Tourist-Oriented and Tourist-Related Establishments.

A. Transfer of Certificate of Registration

Section 30.A.1 - Transfer of Certificate of Registration

The certificate of Registration is a matter of privilege and maybe issued only to qualified applicants. Accordingly, no owner and/or operator shall transfer or alienate in any manner said certificate.

Section 30.A.2 - Display of Certificate of Registration, Sticker or Identification Card - The certificate of registration shall be displayed in a conspicuous area in their place of business. Stickers shall be posted in entrance/doors, gates of such establishments for easy identification purposes. Identification cards shall be worn by tour guides during tours.

B. Registration of Guests - Resort/Hotel/Apartel/Tourist Inn/Pension House/Lodge

Section 30.B.1 - Registry

Resort/Hotel/Apartel/Tourist Inn/ Pension House/ Lodge shall keep a registry or record book. All guests/visitors seeking accommodations shall be required to register the following particulars in the registry and/or record book:

a. Hs/Her Full name; b. Particulars of any identity card, passport or other travel documents issued to him/her; c. The place of his origin and his/her permanent, regular or known address; d. The probable duration of his stay and his intended destination; e. The occupation and place of employment; f. His/Her nationality; g. The hour and date of his/her arrival.

Section 30.B.2 - Time of Entry 0f Particulars

Before the guests/visitors are allowed to occupy a certain room of a resort/hotel/apartel/tourist inn/pension house/lodge and/or its respective premises, the particulars prescribed in the preceding section shall be entered forthwith in the Registry Book or Card, by the keeper/managers/clerks and in either case, the entry shall be signed by the guest or if he/she is unable to write, it should be authenticated by his/her right thumb print.

Section 30.B.3 - Visitor Invited by Guest Required to Register

Any visitor invited by a guest to stay in his/her room shall register in a separate book for visitors, in which shall be entered the same.

Section 30.B.4 - False Entry in Registry Book or Card

No manager/operator shall enter or cause to be entered in the Registry Book or Card any information or particular which he knows or could by the exercise or reasonable diligence, have been ascertained to be false. Section 30.B.5 - Registry of Property Left by Guest

33

A book in which shall be entered without delay the particular of any property left in any resort/hotel/apartel/tourist inn/pension house/motorists hotel/lodge by any guest shall be kept in a manner which CTAO may require.

Section 30.B.6 - Guest Suffering from Dangerous, Contagious and/or Infectious Disease The keeper/manager/operator shall immediately report to TCAD any guest, tenant or member of any tourism establishment concerned who is found to be suffering from a dangerous, contagious and/or infectious disease. The TCAD shall immediately refer the case to the Rural Health Physician, who shall issue the necessary directions/instruction to prevent the spread of the disease or to require the transfer of the patient to the hospital. Section 30.B.7 - Death in the Tourism Establishment The keeper/manager/operator shall immediately report to the nearest police station the death of any person or one dying in a certain tourism establishment. A copy of the report shall be transmitted forthwith to the TCAD.

C. Employment of Tourism-Oriented Establishment Personnel

Section 30.C.1 - Employment of Locals Tourism establishments shall give preferential treatment/priority to Kalibonhons and Aklanons in employing personnel who shall be provided with in-house trainings or enrolled in tourism-related seminars to ensure the quality of service rendered to customers. Section 30-C.2 - Employment of Foreign Nationals In the employment of foreign nationals, valid visa and permit to work issued by the Bureau of Immigration and the Department of Labor and Employment, respectively, shall be submitted. Section 30.C.3 - Training of Filipino Understudies Tourism establishments employing foreign nationals with supervisory, technical or advisory functions shall include in the contract of employment of such foreign nationals a provision to the training of at least two (2) Filipino understudies to whom each foreign national will impart his specialized skills. Section 30.C.4 - Submission of Program The management shall submit to the TCAD within five (5) days from assumption of duties by the foreign nationals the program for training Filipinos in discharging the functions of foreign nationals. Section 30.C.5 - Submission of Annual Reports The tourism establishments shall submit to the TCAD an annual report on the progress of its training program of Filipino understudies by foreign nationals. Section 30.C.6 - Request for TCAD’s Identification Cards TCAD’s Identification Cards shall be issued to employees of tourism establishments upon request subject to payment of a nominal fee, provided, that said employees are included in the list of personnel of the tourism establishment concerned. Section 30.C.7 - Surrender of ID Card The keeper/manager/operator of a tourism establishment shall require its officers/employees thereof who have ceased to be such, to surrender to the TCAD their ID cards within seventy-two (72) hours or three (3) from separation.

D. Periodic Inspection of Tourism Establishment and its Immediate Premises Section 30.D.1 - Inspection

The TCAD shall conduct periodic inspection of tourism establishments and their immediate premises once in every six (6) months or as often as when the KTCC so requires. The purpose of said inspection is to find out whether the establishment conforms with the standard set forth by this code.’

34

The inspection shall be conducted at a reasonable time of the day with due regard and respect accorded to the privacy of the guests. All inspection shall be covered by mission order stating therein the scope of authority and such other matters necessary for the purpose. Section 30.D.2 - Access of Inspectors to Records and Premises The inspectors shall have access to the Registry Book or Card of the tourism establishment and all parts and facilities thereof, and the right to interview any employee and investigate any fact, condition, or matter which may be necessary to determine any violation or aid in arriving at a just and correct conclusion. Section 30.D.3 - Defects and Deficiencies Found During the Inspection Wherein certain defects or deficiencies have been found in the course of inspection, the TCAD shall give directions to the keeper/manager/operator of the tourism establishments concerned to rectify/remedy the defects or deficiencies within a period of one (1) week from notice thereof. Section 30.D.4 - Extension of the Period The TCAD may, for good cause, extend the period within which to remedy the defects or deficiencies noted, but in no case shall the period of extension granted exceed two (2) months. Section 30.D.5 - Penalty for Failure to Remedy the Defects, etc. If the management of any tourism-oriented and tourism-related establishment fails to remedy the defects or deficiencies noted, the TCAD shall impose the following:

a. Resort - fine of Fifty Pesos (P 50.00) for every day of delay in complying with directions, but in no case shall the fine exceed the sum of Five Thousand Pesos (P 5,000.00);

b. Hotel - fine of Seventy-five Pesos (P75.00) , but not exceeding One Thousand Five Hundred Pesos (P 1,500.00);

c. Apartel/Tourist Inn - fine of Fifty Pesos (P 50.00) , but not exceeding One Thousand Pesos

(P 1,000.00); and

d. Others - fine of Fifty Pesos (P 50.00), but not exceeding One Thousand Pesos (P 1,000.00).

Provided, that where the minimum fine imposable under this section has been reached and the tourism establishment concerned has continuously failed to rectify the defects or completed the deficiencies noted, the TCAD may revoke or suspend the Certificate of Registration for such period as may be justified under the circumstances.

E. Discipline and Training of Staff, Code of Ethics and Conduct Section 30.E.1 - Liability of Keepers/Managers/Operators for Acts or Commissions of Tourism-oriented

and related Establishments’ Employees Without prejudice to the provision of existing laws, keepers/managers/operators and assistants of tourism establishments shall be administratively liable for the acts or commissions of any of its members against any guests/visitors. They may, however, be exempt from liability if they could establish that they have exercised the diligence of a good father of the family in the supervision of the erring employees, or where the acts or commissions complained are beyond the control of the keepers/managers/operators of their assistants to fortuitous event or force majeure. Section 30.E.2 - Commission of Acts Inimical to the Tourism Industry Commission by the manager/operator or any member of the establishment inimical to the interest of the tourism industry shall be sufficient ground for taking disciplinary, administrative and/or legal action against him. An act shall be considered inimical to the tourism industry when such act will prejudice the promotion of tourism in Kalibo. Section 30.E.3 - Training Program for Staff A tourism establishment shall undertake to provide a staff training program designed to acquaint each member of the staff of his duties and responsibilities to the end that such member will know what is expected of him/her.

35

Section 30.E.4 - Code of Ethics and/or Conduct Tourism establishment owners/keepers/managers and/or associations, if any, shall draft, with the assistance of the TCAD, their respective Code of Ethics and/or Conduct which shall govern their conduct in their dealings with one another and the conduct to be observed by the staff or employee towards each other/or the guests of the establishments. Such Code of Ethics and/or Conduct shall include the administrative penalties that may be imposed for their violation, such as fine, suspension or dismissal from the service.

F. Reclassification of Accommodation Establishments Section 30.F.1 - Promotion/Demotion An accommodation establishment may be promoted or demoted from one class to another as the facts may warrant. Section 30.F.2 - Promotion to Higher Class Any accommodation establishment which has upgraded its facilities and services to, among others, comply with the requirements of a higher class accommodation establishment may apply with the TCAD for promotion to such higher class. Section 30.F.3 - Demotion to Lower Class Where after due investigation by the TCAD, it has been established that an accommodation establishment is not being kept or managed in conformity to the establishment’s standards, the TCAD shall give notice to the keeper/manager or operator of such fact granting the accommodation facility a period of time stated in the notice within which to comply with the standards set. If the accommodation establishment fails to comply within the period granted in the notice, the TCAD shall remove the registration of the establishment from the class and replace it in a lower class.

G. Transportation Rates (Tourist Transport) Section 30.G.1 - Manner of Fixing

The fixing of rates for tourist transport shall be the responsibility of the LTFRB. No tourist transport operator shall charge rates other than those so prescribed by the LTFRB.

Section 30.G.2 - Application for Increase of Transportation Rates All applications for the increase of transportation rates shall be filed before the LTFRB.

H. Regulation of Tourist Transport Operations Section 30.H.1 - Tourist Transport Service Tourist transport service shall be offered on a regular point-to-point run and shall be priced at rates higher than those charged by public utility operators for the same route. The points of departure and destination of a tourist transport regularly plying a route shall be a hotel, resort, airport, seaport or such similar tourism facility and picking up or unloading of passengers in between such point is prohibited. Section 30.H.2 - Charter Rates A tourist transport operator shall charge only charter rates previously approved in accordance with these rules. Section 30.H.3 - Regular Run on Pub Routes Where a tourist transport operator makes a regular run and it is the only available transportation service being offered, it may be allowed to run on public utility bus routes, provided that there is prior approval by the LTFRB under conditions and requirements it may prescribe.

I. Schedule of Charges

36

Section 30.H.4 - Filing of Schedule of Charges Tourism establishments shall file with the TCAD and shall readily make available in printed or mimeographed form schedule of charges on all services and related fees. Any change in the charges shall be communicated to the TCAD within seven (7) days from the effectivity of such charges. Section 31 - Penal Provisions Section 31.A - Criminal Sanctions

1. Violation of a Non-holder of Authority

Any person who is not a holder of a license from the BPLD who violates any of the provisions of this ordinance shall, upon conviction by competent court, suffer the penalty of imprisonment not to exceed three (3) months or fine of not more than Two Thousand Five Hundred Pesos (P 2,500.00) or both fine and imprisonment at the discretion of the court.

If the violator opts not to be prosecuted in court, he/she may pay an administrative fine of Two

Thousand Pesos (P 2,000.00). 2. Penalty Imposed Upon Officers of Juridical Persons If the offender of the provisions in the next preceding paragraph hereof is a corporation,

partnership, firm or association, the penalty provided therefor shall be imposed upon the officers responsible for the violation; and if such officer is an alien, he shall, in addition be subject to deportation. Section 31.B - Administrative Penalties Without prejudice to the application of the above penal sanctions, the TCAD may impose an administrative fine of not less than One Thousand Pesos (P 1,000.00) nor more than Two Thousand Five Hundred Pesos (P 2,500.00) against any person, natural or juridical, who shall violate or cause another to violate any provision of this ordinance, or suspend or revoke the license of such person.

ARTICLE VIII

Incentives Section 32 - Incentives All TCAD registered tourism-oriented and related investments in the Municipality of Kalibo with capitalization of Php 50,000.00 but less than Php 3.0 Million shall avail of the following incentives:

a. Technical assistance and networking; b. Tax holidays in accordance with Chapter VII of the Investments and Incentives Code of the

Municipality of Kalibo on projects for restoration of cultural and heritage sites; and c. Inclusion in marketing and promotional collaterals.

Tourism establishments with capitalization of Php 3 Million and above that intend to avail of

incentives shall be referred to the Kalibo’s Investments and Incentives Board.

Section 33 - Recommendation and Endorsement The Tourism and Cultural Affairs Division shall issue endorsement to establishments that have

fully met the minimum requirements stated in this code and upon the recommendation of the Kalibo Tourism and Cultural Board and the concerned barangay government where the tourism investment is located.

ARTICLE IX Monitoring and Evaluation

Section 34 - Monitoring and Evaluation System

A Monitoring and Evaluation System shall be established by the Tourism and Cultural Affairs Division together with the Kalibo Ati-atihan Tourism Council and the respective barangay government in order to evaluate the economic, social and environmental impact of the tourism industry. Elements that are crucial to sustainability of the tourism resources in compliance with the provisions of this Code shall be covered. Moreover, monitoring and evaluation indicators shall include service quality and participation of local communities.

37

Section 35 - Tourism Statistics System To facilitate the continuing analysis of tourism throughout the economy and aid the government

and private tourism stakeholders in formulating development plans, marketing strategies and investment programs to harness the tourism potential of Kalibo, the Tourism Statistics System introduced by the Department of Tourism and Japan International Cooperation Agency shall be implemented to improve the mechanism for collecting, recording, reporting and disseminating tourism statistics. Accommodation establishments, tourism destinations, transportation companies and other tourism-related establishments/agencies shall be required to participate in surveys and submit the following supply and demand data:

a. Monthly Occupancy Report (DAE-2) b. Report on the Regional Distribution of Travelers in Accommodation Establishments c. Tourism Attraction Visitor Report (VAR2M) d. Report on Number of Flights or Trips and Volume of Passengers e. Convention Utilization Survey f. Survey on Accommodation Establishments Visitor Profile g. Survey at air and sea ports The Monthly Occupancy Report, Report on the Regional Distribution of Travelers in

Accommodation Establishments and Tourism Attraction Visitor Report shall be submitted by accommodation establishments and tourism destination management organizations every first week of the month.

Aside from the abovementioned reports and surveys, the Tourism and Cultural Affairs Division

shall also be in charge of generating and disseminating the following tourism statistics and shall be given the necessary funding, manpower complement and logistics support to carry out the functions.

a. Inventory of Tourism Attractions b. Inventory of Tourism-oriented and related Establishments (Services, capacity, number of

employees, etc.)

ARTICLE X Tourism Training Institution

Section 36 - Coordination with both Government and Private Tourism Institutions The Tourism and Cultural Affairs Division shall coordinate with both government and private tourism entities to institutionalize tourism training programs, formal and informal, with corresponding certification upon completion. Section 37 - Linkages So as to access financial and technical resources, the Tourism and Cultural Affairs Division and the Kalibo Tourism and Cultural Board shall strengthen networking and linkage with all concerned agencies including the organization of a pool of trainers to provide other skills trainings needed by the industry. Section 38 - Training Programs and Venues The Municipal Government of Kalibo in partnership with other government or private entities shall have training programs that will enhance the capabilities of Kalibonhons. The Mayor Emiliano B. Acevedo Hall, 3rd Floor, Municipal Building, Kalibo, Aklan and other available function halls shall serve as the municipality’s training venues for its training programs.

ARTICLE XI

Suppletory Provisions Section 39 - National Laws, Rules and Regulation and Issuances Applicability Reference shall always be made to the existing national laws, rules and regulations and issuances on tourism in the implementation of the provisions of this Code. For this purpose, the Office of the Mayor shall issue directives to spell out with clarity specific provisions of law applicable to the Municipality.

38

Section 40 - Penal Provisions Penal provisions provided for in specific tourism laws, rules and regulations are hereby adopted to protect the best interest of tourists, stakeholders, visitors and the general public. Section 41 - Applicability of the Environmental Code Provisions of the Environmental Code of the Municipality relevant to the tourism industry are hereby adopted to highlight the overriding importance of environmental preservation and protection.

ARTICLE XII Funding Requirements

Section 42 - Regular Budgets

The Municipal Government of Kalibo shall include in the annual budget estimated funding requirements for the development and promotion of tourist destinations and service facilities and conduct of special events among others. Section 43 - Fund Sourcing

To augment the limited funds of the Municipal Government of Kalibo in the implementation of

tourism programs and projects, the Municipal Government of Kalibo may source out funds from national and provincial government agencies and private entities.

Article XIII Separability Clause

Section 44 - Separability Clause

In the event that any provision of this Code be declared unconstitutional or invalid, such declaration shall not affect the validity of the other provisions.

ARTICLE XIV Effectivity Clause

Section 45 - Effectivity

This Code shall take effect fifteen (15) days after posting in 3 conspicuous places, Municipal Government of Kalibo’s website and publication in a newspaper of general circulation in the municipality of Kalibo.

Enacted, December 22, 2011”. -

I hereby certify to the correctness of the above stated ordinance as to form. (Original Signed)

DIANA V. TORRE-FEGARIDO Attested: SB Secretary

(Original Signed) MADELINE A. REGALADO

Vice Mayor Approved: (Original Signed)

WILLIAM S. LACHICA Municipal Mayor