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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II ESTABLISHMENT CHAPTER III BUSINESS OPERATIONS CHAPTER IV SUPERVISION AND ADMINISTRATION CHAPTER V LEGAL LIABILITIES CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. This Regulation is formulated in order to strengthen the administration of entertainment venues and ensure the healthy development of entertainment venues. Article 2. The "entertainment venues" mentioned in this Regulation refers to the singing, dancing and game places that are operated for making profits and are opened to the general public and for the self-entertainment of consumers. Article 3. The competent department for culture administration under the people's government at or above the county level shall be responsible for the supervision and administration of daily business operations of the entertainment venues, and the public security organ at or above the county level shall be responsible for the supervision and administration of fire control and public security situation of the entertainment venues. Article 4. No state organ or any of its functionaries may operate entertainment venues or participate in the business operations of entertainment venues or do so in a disguised form. No relative who has relationship such as husband and wife, lineal descent, collateral consanguinity within three generations or close affinity with the functionaries of the competent department for culture administration or the public security organ may operate entertainment venues or participate in the business operations of the entertainment venues or do so in a disguised form. CHAPTER II ESTABLISHMENT Article 5. Anyone who falls under any of the following circumstances shall not operate entertainment venues or work in entertainment venues: (1) A person has ever committed the crime of organizing, forcing, seducing, harboring or introducing prostitution, the crime of producing, selling or disseminating obscene materials, the crime of smuggling, trafficking, transporting and manufacturing drugs, the crime of rape, the crime of molesting or humiliating women by forces, the crime of gambling, the crime of laundering, the crime of organizing, leading or actively participating in an underworld-style organization; (2) A person has ever been deprived of political rights because of crimes; (3) A person has been forced to give up drug habits because of taking in or injecting addictive drugs; or (4) A person has ever been subjected to administrative detention because of prostitution or going whoring. Article 6. Foreign investors may establish Chinese-foreign equity or contractual joint entertainment venues together with Chinese investors, but shall not establish exclusively foreign-funded entertainment venues. Article 7. No entertainment venues may be established at any of the following places: (1) Residential buildings, museums, libraries or buildings within cultural relic protection entities verified; (2) Surroundings of residential areas, schools, hospitals or governmental organs; (3) Stations, airports or other densely-populated places; (4) Places below the first underground floor of buildings; nor (5) Areas adjacent to the warehouses of dangerous chemicals. The boundary noise of an entertainment venue shall conform to the standards for environmental noises prescribed by the State. Article 8. The area of usage of an entertainment venue shall not be less than the minimum standards prescribed by the competent department for culture administration under the State Council. The establishment of a game entertainment venue having electronic game machines shall conform to the requirements about the total amount and overall arrangement prescribed by the competent department for culture administration under the State Council. Article 9. To establish an entertainment venue, an application shall be filed with the local competent department for culture administration under the people's government at the county level. To establish a Chinese-foreign equity or contractual joint entertainment venue, an application shall be filed with the competent department for culture administration under the people's government of the province, autonomous region or municipality directly under the Central Government. To apply for establishing an entertainment venue, a written declaration that its investors, legal representative or other principals to be appointed are not under any of the circumstances prescribed in Article 5 of this Regulation shall be submitted. And the applicant shall be responsible for the authenticity of the contents in the written declaration. The competent department for culture administration that accepts the application shall examine the written declaration at the public security organ or other relevant departments, which shall offer their cooperation. If the written declaration is true upon verification, the competent department for culture administration shall conduct an on-the-spot inspection and make a decision according to Articles 7 and 8 of this Regulation, and shall issue a license for entertainment business operations and verify the amount of consumers acceptable to the entertainment venue according to the prescriptions set down by the competent department for culture administration under the State Council if it approves the application; or shall notify the applicant in written form and explain the reasons if it disapproves the application. Where there are provisions in the laws or administrative regulations that require the formalities for examination and approval of fire control, hygiene and environmental protection, such provisions shall be abided by. Article 10. The competent department for culture administration shall hold hearings for the examination and approval of entertainment venues. The procedures for hearings shall be governed by the Administrative License Law of the People's Republic of China. Article 11. An applicant may go through the registration formalities at the administrative department for industry and commerce and obtain a business license after it obtains a license for entertainment business operations and other approval documents on fire control, hygiene and environmental protection. An entertainment venue shall put itself on records at the local public security organ at the county level within 15 days after obtaining the business license. Article 12. In case an entertainment venue rebuilds or expands its business place or alters its business place, main facilities and equipment, investors or other matters stated in the license for entertainment business operations, it shall apply to the original license issuing organ for re-issuing upon verification a license for entertainment business operations and put this on records at the public security organ. If the alteration registration is required, it shall go through the alteration registration at the administrative department for industry and commerce. CHAPTER III BUSINESS OPERATIONS Article 13. The State promotes and develops the excellent national culture, and prohibits conducting entertainment activities containing any of the following at the entertainment venues: (1) Violating the fundamental principles defined in the Constitution; (2) Jeopardizing the unity, sovereignty and territorial integrity of the State; (3) Jeopardizing the security, honor or interests of the State; (4) Instigating ethnic hatred or ethnic discrimination, damaging national sentiment or infringing on minority customs and habits, or disrupting ethnic solidarity; (5) Violating religious policies of the State, or propagating heresy or superstition; (6) Preaching the obscenity, gambling, violence or drug-related crimes, or instigating others to commit crimes; (7) Breaching social morality or excellent ethnic cultural heritage; (8) Insulting or libeling others or infringing on the lawful rights and interests of others; nor (9) Any other content prohibited by the laws or administrative regulations. Article 14. No entertainment venue or any of its working staff may carry out any of the following activities or provide convenience and conditions for the people who enter into the entertainment venue to conduct the following activities: (1) Trafficking or providing drugs, or organizing, forcing, abetting, seducing, cheating or harboring others to take in or inject drugs; (2) Organizing, forcing, seducing, harboring, or introducing others for prostitution or going whoring; (3) Manufacturing, selling or disseminating obscene materials; (4) Providing accompanies or doing so for making profits; (5) Gambling; (6) Carrying out heresy or superstitious activities; nor (7) Other illegal activities or crimes. No working staff member of an entertainment venue may take in or inject drugs, prostitute oneself or go whoring; no entertainment venue or any of its working staff may provide convenience and conditions for people who enter into the entertainment venue to conduct the above-mentioned activities. Article 15. A singing and dancing entertainment place shall install the monitoring equipment of closed circuit television at the entrance, exit, and main passageways of its business place required by the public security organ under the State Council, and shall ensure that the monitoring equipment of closed circuit television be normally operated and not be interrupted in the business hours. A singing and dancing entertainment place shall keep the video materials recorded down by the closed circuit television for 30 days for future reference, and shall not delete them or use them for other purposes. Article 16. The boxes and compartments of a singing and dancing entertainment place shall not be separated, and shall be installed with transparent doors and windows through which the whole indoor environment can be seen. The doors of boxes and compartments shall not be installed with inner-locks. Article 17. The brightness inside a singing and dancing entertainment place during the course of business operations shall not be lower than the standard prescribed by the State. Article 18. The audio-video products and electronic games used in an entertainment venue shall be those published, manufactured or exported according to law. The songs broadcast or video images shown at a singing and dancing entertainment place or the game programs installed in electronic game machines at a game entertainment venue shall not contain the contents prohibited by Article 13 of this Regulation, and the song ordering system used in a singing and dancing entertainment place shall not be connected with any foreign song database. Article 19. A game entertainment venue shall not install electronic game machine models, machine types, circuit boards or other game facilities or equipment that have the gambling function, or give out cash or securities as awards or repurchase awards. Article 20. The legal representative or main principal of an entertainment venue shall be responsible for the fire control and other safety matters of the entertainment venue. An entertainment venue shall ensure that its buildings and facilities be in line with the safety standards and fire control technical criteria of the State, regularly inspect the situation of fire control equipment and timely maintain and upgrade them. An entertainment venue shall formulate a scheme on safety work and an advance scheme on emergency handling evacuation. Article 21. An entertainment venue shall, during the course of business operations, keep its evacuation channels and safe exits free, and shall not block or lock them or set up barriers or other obstacles that will affect the evacuation at evacuation channels or safe exits. An entertainment venue shall set up eye-catching marks at evacuation channels and safe exits, and shall not shelter or cover such designation marks. Article 22. No one may illegally carry guns, ammunitions, controlled knives, or explosive, combustible, poisonous or erosive dangerous articles or pathogens of infectious diseases into entertainment venues. A discotheque shall install safety inspection equipment and carry out safety inspection of the people who enter into its business place. Article 23. No singing and dancing entertainment venue may receive minors. The electronic game machines in a game entertainment venue shall not be provided to minors except on the statutory national holidays. Article 24. No entertainment venue may hire minors. If an entertainment venue hires foreigners, it shall obtain the licenses for the employment of foreigners according to the relevant provisions of the State. Article 25. An entertainment venue shall sign the responsibility letters on civilized services with its working staff members and establish a roster of working staff members, which shall indicate the true names and photocopies of identity cards and licenses for the employment of foreigners of the working staff members. An entertainment venue shall set up a log of business operations that indicates the duties, working houses and working places of its working staff, and shall not delete or alter the log of business operations and shall keep it for 60 days for future reference. Article 26. An entertainment venue shall conclude the security service contracts with security service enterprises and hire professional security personnel, and shall not hire others to engage in the security-related work. Article 27. The working staff of an entertainment venue shall, during the course of business operations, wear uniforms and job marks and carry identity cards or licenses for the employment of foreigners with themselves. The working staff shall abide by occupational morality and hygiene criteria, be honest, faithful and polite, and shall not damage the personnel and property rights of consumers. Article 28. No entertainment venue may carry out business operations between 2-8 o'clock a.m. every day. Article 29. An entertainment venue shall clearly mark the prices of the entertainment items and services it provides, and show the price list to the customers, and shall not force or cheat customers to receive services or purchase commodities. Article 30. An entertainment venue shall set up warning marks on prohibiting drugs, gambling, prostitution or going whoring as well as the marks on prohibiting or restricting minors from entering at the eye-catching sites of the halls, boxes and compartments of its business place. Such marks shall indicate the tip-off phone numbers of the public security organ and of the competent department for culture administration. Article 31. An entertainment venue shall establish a patrolling system and shall immediately report to the local public security organ and the competent department for culture administration under the people's government at the county level if it finds any illegal activity or crime therein. CHAPTER IV SUPERVISION AND ADMINISTRATION Article 32. When the functionaries of the competent department for culture administration, the public security organ or other relevant departments are fulfilling the duty of supervision and administration according to law, they have the power to enter into the entertainment venues, and the entertainment venues shall offer their cooperation and shall not reject or obstruct such entrance. When the functionaries of the competent department for culture administration, the public security organ or other relevant departments are fulfilling the duty of supervision and administration according to law and need to consult the video materials recorded down by closed circuit television, the roster of working staff members or the log of business operations, the entertainment venue shall offer them in a timely manner. Article 33. The competent department for culture administration, the public security organ or other relevant departments shall record down the conditions on supervision and inspection and the handling results. The supervision and inspection notes shall be affixed with the names of the supervision and inspection personnel and put on records. And the general public shall be entitled to consult such supervision and inspection notes. Article 34. The competent department for culture administration, the public security organ or other relevant departments shall establish a warning and recording system of illegal activities of entertainment venues, and timely announce the entertainment venues that are listed in the warning notes to the general public and reinforce the supervision and inspection strength. Article 35. The competent department for culture administration, the public security organ or other relevant departments shall establish a mutual information reporting system so as to timely report the supervision and inspection conditions and the handling results. Article 36. Any entity or individual that finds any activity in violation of this Regulation carried out at an entertainment venue shall be entitled to tip it off to the competent department for culture administration and the public security organ. The competent department for culture administration, the public security organ or other relevant departments shall, upon receipt of a tip-off, record it down and timely investigate and handle it. If it is outside the scope of its duties, it shall timely transfer the tip-off to the relevant competent department. Article 37. When necessary, the competent department for culture administration and the public security organ at the higher levels may investigate and handle the cases investigated and handled by the competent department for culture administration and the public security organ at the lower levels according to this Regulation. The competent department for culture administration and the public security organ at the lower levels may request to transfer those significant and complicated cases they consider to the competent department for culture administration and the public security organ at the higher levels for investigation and handling. Article 38. In case the competent department for culture administration, the public security organ, any other relevant department or any of their functionaries violates this Regulation, any entity or individual can tip off the violation to the competent organ at the same or next higher level, and the organ that receives such tip-off shall timely investigate and handle it. Article 39. The trade association of entertainment venues shall, in accordance with the articles of association, formulate the self-discipline trade rules and strengthen the guidance and supervision of the business operations of its members. CHAPTER V LEGAL LIABILITIES Article 40. The business operations of entertainment venues carried out in violation of this Regulation shall be banned by the administrative department for industry and commerce and the competent department for culture administration. And the public security organ shall ban the illegal business operations of entertainment venues it finds when investigating and handling cases relating to public security or crimes. Article 41. Any license for entertainment business operations obtained against this Regulation by fraud or any other unjustifiable means shall be revoked by the original license issuing organ. Article 42. In case an entertainment venue carries out activities prohibited by Article 14 of this Regulation, the public security organ at the county level shall confiscate its illegal proceeds and properties, and order it to suspend its business operations for rectification for three up to six months. Where the circumstance is serious, the original license issuing organ shall revoke its license for entertainment business operations and impose a fine of 10,000 yuan up to 20,000 yuan on the principal and other persons held directly responsible. Article 43. In case an entertainment venue violates this Regulation and is under any of the following circumstances, the public security organ at the county level shall order it to make correction and give it a warning. Where the circumstance is serious, the entertainment venue shall be ordered to suspend its business operations for rectification for one up to three months: (1) The installation of lighting equipment, boxes or compartments or the use of doors or windows is inconsistent with this Regulation; (2) It does not install the monitoring equipment of closed circuit television according to this Regulation or interrupts the use thereof; (3) It does not keep the video materials recorded down by the closed circuit television according to this Regulation or deletes or alters the video materials recorded down; (4) It does not install the safety inspection equipment or carry out the safety inspection of the people who enter into its business place according to this Regulation; or (5) It does not hire security personnel according to this Regulation. Article 44. In case an entertainment venue violates this Regulation and is under any of the following circumstances, the public security organ at the county level shall confiscate its illegal proceeds and properties, and impose on it a fine of three up to five times of the illegal proceeds. If there is no illegal proceeds or the illegal proceeds is less than 10,000 yuan, it shall be concurrently imposed on a fine of 20,000 yuan up to 50,000 yuan. Where the circumstance is serious, the entertainment venue shall be ordered to suspend its business operations for rectification for one up to three months: (1) Installing electronic game machine models, machine types, circuit boards or other game facilities and equipment that have the gambling function; or (2) Giving out cash or securities as awards or repurchasing awards. Article 45. In case an entertainment venue incites or connives with its working staff to infringe on the personal rights of consumers, it shall assume the civil liability, and the public security organ at the county level shall order it to suspend its business operations for rectification for one up to three months. Where the circumstance is serious, the original license issuing organ shall revoke its license for entertainment business operations. Article 46. In case an entertainment venue fails to put it on records at the public security organ according to this Regulation after obtaining a business license, the public security organ at the county level shall order it to make correction and give it a warning. Article 47. In case any entertainment venue violates this Regulation and is under any of the following circumstances, the competent department for culture administration at the county level shall confiscate its illegal proceeds and properties, and impose on it a fine of one up to three times of the illegal proceeds. If there is no illegal proceeds or the illegal proceeds is less than 10,000 yuan, it shall be imposed on a fine of 10,000 yuan up to 30,000 yuan concurrently. Where the circumstance is serious, the entertainment venue shall be ordered to suspend its business operations for rectification for one up to six months: (1) The song ordering system used in a singing and dancing entertainment place is connected with any foreign song database; (2) The songs broadcast or video images shown at a singing and dancing entertainment place or the game programs installed in electronic game machines of a game entertainment venue contain the contents prohibited by Article 13 of this Regulation; (3) A singing and dancing entertainment venue receives minors; (4) A game entertainment venue provides its electronic game machines to minors on the days other than the statutory national holidays; or (5) The consumers contained in an entertainment venue exceed the prescribed amount. Article 48. In case an entertainment venue violates this Regulation and is under any of the following circumstances, the competent department for culture administration of the people's government at the county level shall order it to make correction and give it a warning. Where the circumstance is serious, the entertainment venue shall be ordered to suspend its business operations for rectification for one up to three months: (1) It fails to apply to the original license issuing organ for re-issuing upon verification a license for entertainment business operations according to this Regulation when it alters the relevant matter; (2) It carries out business operations within the time at which the business operation is prohibited by this Regulation; or (3) Its working staff members fail to wear uniforms or job marks during the course of business operations. Article 49. In case an entertainment venue fails to work out a roster of working staff members or a log of business operations according to this Regulation, or fails to tip off illegal activities or crimes it finds according to this Regulation, the competent department for culture administration under the people's government at the county level and the public security organ at the county level shall, upon the strength of their authorities, order it to make correction and give it a warning. Where the circumstance is serious, the entertainment venue shall be ordered to suspend its business operations for rectification for one up to three months. Article 50. In case an entertainment venue fails to hang warning marks or the marks on prohibiting or restricting minors from entering according to this Regulation, the competent department for culture administration under the people's government at the county level and the public security organ at the county level shall, upon the strength of their authorities, order it to make correction and give it a warning. Article 51. In case an entertainment venue hires minors, the administrative department for labor and social security shall order it to make correction and fine it at the rate of 5,000 yuan per month for each hired minor. Article 52. Where the business operations of entertainment venues illegally carried out are banned, the investors or principals thereof shall not invest in entertainment venues or act as the legal representative or principal of any entertainment venue for life. In case an entertainment venue violates this Regulation and its license for entertainment business operations is revoked or cancelled, its legal representative or principal shall not act as the legal representative or principal of another entertainment venue for five years from the day when its license is revoked or cancelled. In case an entertainment venue shall be given an administrative sanction because it violates this Regulation and is warned or fined for three times within two years and violates this Regulation again, the competent department for culture administration under the people's government at the county level and the public security organ at the county level shall, upon the strength of their authorities, order it to suspend its business operations for rectification for three up to six months. If it shall be given an administrative sanction because it is ordered to suspend its business operations for rectification for two times and violates this Regulation again, the original license issuing organ shall revoke its license for entertainment business operations. Article 53. In case an entertainment venue violates the laws or administrative regulations on the public security management or fire control management, the public security organ shall punish it. Where a crime is constituted, it shall be subject to criminal liabilities. In case an entertainment venue violates the laws or administrative regulations on hygiene, environmental protection, price or labor, the relevant department shall punish it. Where a crime is constituted, it shall be subject to criminal liabilities. Where there is any dispute between an entertainment venue or its working staff and consumers, the dispute shall be solved according to the laws on the protection of rights and interests of consumers. Where the personal or property damage is caused to the consumers, the entertainment venue shall compensate the consumers. Article 54. Where the license for entertainment business operations of an entertainment venue is revoked or cancelled because it violates this Regulation, it shall go through the alteration or cancellation registration at the administrative department for industry and commerce. If it fails to do so within the time limit, it business license shall be revoked. Article 55. Where a state organ or any of its functionaries operates entertainment venues, participates in the business operations of entertainment venues or does so in a disguised form, the principal and other persons held directly responsible shall be given an administrative sanction of dismissal from one's post or expulsion. Where any functionary of the competent department for culture administration or the public security organ clearly knows that any of his relatives operates entertainment venues or participates in the business operations of entertainment venues or does so in a disguised form but does not deter him or does not try his best to deter him, he shall be given an administrative sanction. Where the circumstance is serious, he shall be given an administrative sanction of dismissal from his post or expulsion. Article 56. Where any functionary of the competent department for culture administration, the public security organ, the administrative department for industry and commerce or any other relevant department commits any of the following acts, the principal and other persons held directly responsible shall be given administrative sanctions, and shall be subject to criminal liabilities if a crime is constituted: (1) Issuing licenses, approval documents or business licenses to the entities that are not in line with the statutory conditions for establishment; (2) Failing to fulfill the duty of supervision and administration, or failing to ban the business operations of entertainment venues, which are illegally carried out and which it/he finds, or failing to investigate or handle illegal activities it/he finds; (3) Failing to investigate or handle illegal activities upon receipt of a tip-off or report thereon; (4) Seeking for or accepting properties of any other or seeking for other interests by making use of his authorities; (5) Taking part in or harboring illegal activities by making use of his authorities, or sending inside messages to the relevant entities or individuals; or (6) Any other act of misusing his authorities, neglecting his duties or seeking for private interests or resorting to frauds. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 57. The "working staff" mentioned in this Regulation refers to the managerial staff, service staff and security staff in entertainment venues as well as other persons who work for the entertainment venues. Article 58. This Regulation shall come into force as of March 1, 2006. The Regulation on the Administration of Entertainment Venues promulgated by the State Council on March 26, 1999 shall be simultaneously repealed. |
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