TWO more establishments were ordered closed yesterday for not having a business permit.
A team from the Cebu City Government led by Councilor Dave Tumulak first served the closure order on Rico's Lechon Commissary Division on Highway 77 in Barangay Talamban.
The commissary is the third branch of Rico's Lechon that the City shut down.
The failure to secure a business permit violates Section 4 of the City Tax Ordinance (CTO) 69 as amended by CTO 75.
Mayor Tomas Osmeña said he will no longer allow Rico's to operate in the city even if management complies with all the requirements.
“If you have a violation, you have a violation. If there is clear malice in your violation, I will not allow you to open. So that’s my message to Rico's. The City will not allow them to open their business, don't make it personal,” Osmeña told reporters yesterday.
City Attorney Joseph Bernaldez said the duty of the mayor to issue a business permit is discretionary, not ministerial.
“By saying that it is discretionary, the mayor has the prerogative to whether or not issue it. There is an established jurisprudence about it,” Bernaldez told SunStar Cebu.
On the management's allegations against his daughter-in-law, Anna Gabriela “Bea” Villegas-Osmeña, the mayor said the latter was very clear in her exchange of text messages with the Dionsons.
The mayor said Bea told them to renew and secure business permits.
Bea is their business partner in operating their branch in Panagdait in Barangay Mabolo.
She owns a 30-percent share of the restaurant.
In a news conference they called last Thursday, Melanie Grace Dionson-Oyas, general manager of the restaurant, said their problems with City Hall started when they informed Bea that their family wants to operate the Panagdait branch exclusively starting July this year.
As to the closure of their commissary, Susan Claire Dionson-Gabuya told reporters last Thursday that they received a notice to comply from the City last Aug. 8.
Under the notice, Gabuya said they were just asked to calibrate their weighing scale, which they did a day after.
Despite their compliance, they still received a show-cause order last Aug. 14.
Also yesterday, City Hall served the closure order on Chuva-Chuva Spa in Barangay Mabolo, which is owned by Alfredo Janobas.
The establishment has been operating without a valid business permit from the City.