Business operating without permit could face fine and confiscation

Vice Mayor Rogerio C. Acle, Presiding Officer, 18th Municipal Council of Mahinog

AN ORDINANCE introduced by Vice Mayor Rogerio C. Acle was finally approved by the Municipal Council of Mahinog to penalize businessmen who operate their enterprise without the necessary business permit.

The measure will be transmitted to the Office of the Municipal Mayor for approval.

The penalty ranges from a fine of P1,000.00, confiscation of goods to closure.

Under the said ordinance, a business license issued by the municipal mayor is required before any person can operate their business activity.

For existing business establishments, they must secure such permit not later than January 31 each year.

Failure to secure the permit within the prescribed period, a penalty of P1,000.00 shall be imposed.

Any business that continues to operate without Mayor’s Permit and without paying the fines imposed in the ordinance shall be ordered closed by the Municipal Mayor.

If the operator still disregards the closure order, the Mayor shall issue an order to the Chief of the Local PNP to seize or confiscate any goods or instruments used in the said business establishment.

The local PNP that will seize or confiscate the said business establishment shall be assisted by two Barangay Council members. In the absence of the two barangay officials, two members of the Barangay Tanods in that particular barangay shall assist the local PNP.

The local PNP members who seize or confiscate the said instruments shall record in the Police Blotter Book the particulars of the seizure/confiscation and the two Barangay Officials or the two Barangay Tanods shall sign the page of the Police Blotter Book in which the particulars thereof were written.

The seized/confiscated instruments shall be deposited for safe keeping at the Office of the Local PNP.

The operator has the right to repossess his/her seized/confiscated items or instruments upon payment of the prescribed penalties within the period of six (6) months from the date of confiscation.

The Mayor shall dispose the unclaimed seized/ confiscated items or instruments after six (6) months from seizure thru auction to be facilitated by the Office of the Municipal Treasurer and the proceeds shall accrue to the general fund of the municipality.

The purpose of the ordinance was to crack down on unlicensed business establishments and at the same time maximize local sources of revenues for the municipality.

The explanatory note to the ordinance says unlicensed business establishments poses undue competition to those establishments which has complete business requirements and are religiously paying their taxes.