THE Cebu City Government padlocked Kuerks Restaurant Co. Ltd. Tuesday afternoon.
At exactly 2 p.m., the Prevention Restoration Order Beautification Enhancement (PROBE) Division of the Cebu City Government, headed by Racquel Arce, arrived at the open-air establishment to serve the closure order.
Just as personnel refused last Friday night to receive the notice to show cause why Kuerks should be allowed to keep operating, personnel also refused to receive the closure order yesterday.
Arce was told that the establishment is no longer Kuerks Restaurant but Knock Box. Two Knock Box tarpaulins hung from the railings surrounding the establishment.
Padlocked
The same railings were chained and padlocked by PROBE and personnel from the City Treasurer’s Office. The padlock used is from the Cebu City Government.
But Arce recognized that the management can continue to operate at night if they wish to because the railings can be moved.
“But they will be facing another violation if they do that,” warned Arce.
While the employees claimed that the establishment is already Knock Box, there are still more prominent signs that says it is Kuerks resto-bar.
The bar beside it still bears the logo KB for Knock Box.
“Ocular inspections were conducted in your area and verification of your records was also made with the Office of the City Treasurer relative to the status of your business establishment. It was found that you have violated the Tax Ordinance, Liquor Ordinance and the Anti-Noise Ordinance of Cebu City,” said the closure order signed by Mayor Michael Rama.
Since the order was not formally received, PROBE posted it on the wall where the stage for the live band was situated.
On the parallel wall is the notice to show cause why the bar should not be closed. The notice sought a reply within 72 hours, but there was no reply from the management.
Expired
While the establishment was said to be Knock Box, an expired sanitary permit was posted on the wall that states that the bar is Kuerks.
The permit was issued to Richard Aznar and was valid until February of this year.
Talisay City Councilor Richard Aznar claimed that the bar was already sold to a certain Mrs. Flores last year.
Tax Mapping of Business Establishment Division Chief Juanita Monina Paires recalled
that on record, the owner of Kuerks is a certain Mari Giev Flores.
But the establishment did not renew its business permit and has not paid its social amelioration tax last year.
“This establishment is closed for violating the tax, liquor and anti-noise ordinances.
Closure order dated July 16, 2013,” read the notice printed on six bond papers and posted on various locations inside and outside the bar.
“So far we only received the order to close this place but there will be others. The violations are not limited to this place,” said Arce.
No charges
Kuerks was highlighted because it was rumored to be owned by Councilor Gerardo Carillo, who denied ownership of the bar. No record would also point to him as the owner.
But Carillo was in the bar in the early hours of July 7, when a brawl ensued on nearby Osmeña Blvd. The bar is located in the Aznar Parking Lot.
Carillo responded to the brawl among young men, and 16-year-old Jan Niño Pogoy was sent to the hospital. Pogoy claimed that Carillo hit him in the head with a rock.
No case was filed against Carillo as of yesterday.
The management’s remedy is to meet with City Attorney Jerone Castillo and discuss how
the bar can correct its lapses.
Rama said he does not want to talk about settlement as of yet.
“We are doing this to serve a lesson to everyone,” said Rama.
Also yesterday, National Bureau of Investigation (NBI) 7 Director Antonio Pagatpat said they cannot start their investigation on the rumble unless the Cebu City Police Office (CCPO) will give them the reports on the incident.
Progress
He told reporters yesterday they need the spot and progress reports on the case.
Pagatpat’s statement contradicted that of CCPO Director Mariano Natu-el Jr., who said he already turned over to the NBI the documents last Monday.
Pagatpat further said if the police decide to file complaints against Councilor Carillo, the NBI will stop its investigation.
In an earlier report, Pogoy’s family has not yet decided if they will file charges.
Jan’s policeman-brother Kenneth, who is assigned to the Parian Police Station, said they want to focus on the boy’s recovery for the moment and have avoided asking him about the incident.
Pogoy is still confined in a private room in the Vicente Sotto Memorial Medical Center after undergoing surgery in the head.
Three witnesses told homicide investigators that they and Pogoy were drinking at Kuerks when a group of boys started to argue with them. The argument led to the fistfight and the injuries Jan suffered.
City Hall closes Kuerks 9 days after brawl | Sun.Star