KTV bar remains closed; appeal denied

CEBU City HALL stood its ground on padlocking a KTV bar that showed female dancers who undressed to entertain patrons.

The Cebu City Anti-Indecency Board (CCAIB) denied for lack of merit a motion for reconsideration filed by the management of Las Vegas KTV bar which was closed last December 20, 2013.

The board cited section 9 of the Cebu City Anti-Indecency Ordinance which states that owner or operators of erring establishments shall be held equally liable or responsible with the employee, whether or not they gave consent to the performance.

“The owner, manager or permittee of the erring establishment cannot escape liability by the mere fact that at the time a violation of the provisions of this ordinance and other related laws has been committed, he may have entered into an agreement or contract with third person or persons with respect to said shows or exhibition,” the board said in a letter to the bar’s lawyer, Inocencio dela Cerna.

Last month, the CCAIB team padlocked the establishment at the North Reclamation Area after inspections revealed that the bar continuded to show nude dancers, even after its attention had been called about it months earlier.

In its motion for reconsideration submitted on December 23, the management saidit the dancer’s personal act when she took off her upper clothes, and the management even fired her.

Dela Cerna, in an interview, offered to post a P100,000 cash bond to convince the city government to reopen the bar but no formal offer was made to the city.

“They didn’t mention it in their motion. But then again it’s not the money that’s important, it’s the merits of the reasons they requested for reconsideration,” said CCAIB head Lucelle Mercado.

Under the city’s ordinance, establishments found to have violated the ordinance will be closed for one year.

Sought for comment, Cebu City Mayor Michael Rama said he leaves it to CCAIB to handle the matter.

“Let this be a message to all that the office of the mayor through CCAIB really means business,” he said.

Dela Cerna said they would bring the case to court and the Ombudsman.

“We have no other choice. We have to take this to court to determine if we were given due process,” he said.

He mentioned seeking an injunction against the city or filing an administrative complaint for grave abuse of authority against CCAIB because the bar didn’t receive any documents like pictures and affidavits to prove that lewd performances were actually held in the KTV bar.