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娱乐场所管理条例 Regulations on Management of Entertainment Venues

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(Adopted by the 15th Executive Meeting of the State Council on March 17, 1999, promulgated by Decree No.261 of the State Council of People's Republic of China on March 26, 1999, and effective as of July 1, 1999)
颁布日期:19990326  实施日期:19990701  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Regulations are formulated to strengthen the management of entertainment venues, enrich people's civilized and sound recreation life, and promote the construction of socialist spiritual civilization.

  Article 2 Entertainment venues mentioned in these Regulations refer to commercial places for singing, dancing and amusement open to the public for self-entertainment of consumers.

  Article 3 Operating units of entertainment venues shall follow the direction of serving the people and the cause of socialism, and carry out civilized and sound entertainment activities.

  Article 4 The State promotes and develops the excellent national culture, and prohibits from conducting activities containing the following contents at entertainment venues:

  (1) opposing the fundamental principles defined in the Constitution;

  (2) jeopardizing the unity, sovereignty and territorial integrity of the State;

  (3) jeopardizing the security, interest or social stability of the State;

  (4) inciting the split of nationalities, infringing the minority customs and habits, and disrupting the unity of nationalities

  (5) preaching the obscenity, eroticism, superstition or exaggerating violence, which is harmful to the physical and mental health of consumers;

  (6) breaching the social morality or libeling and insulting others.

  Article 5 The competent administrative departments of culture and public security organs of the people's governments at or above the county level, within their respective functions and duties, shall, in accordance with the provisions of these Regulations, strengthen their guidance and supervision over the business activities, fire control and security at entertainment venues respectively.

  Article 6 The competent administrative departments of culture and public security organs of the people's governments at various levels as well as their staff members shall not operate entertainment venues, nor participate in or participate in under disguised forms the business activities of entertainment venues.

  Article 7 Working staff members of competent administrative departments of culture and public security organs, when performing official duties at entertainment venues, shall show their credentials for law enforcement, be in civilized and courteous manners, and handle cases according to law.

  The competent administrative departments of culture and public security organs, when conducting supervision and examination over entertainment venues, shall not charge any fees; the outlay needed for conducting supervision and examination over entertainment venues by the competent administrative department of culture may be provided by local public finance through the legal adjustment of the tax rate of business tax of entertainment industry. The specific measures are to be formulated by people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

  Chapter II The Establishment of Operating Units of Entertainment Venues

  Article 8 The establishment of an operating unit of entertainment venues shall meet the following requirements:

  (1) have its name, domicile, organization and articles of association;

  (2) have its definite business range and entertainment items;

  (3) have places, equipment and facilities suitable for the entertainment items it provides;

  (4) installations for safety and fire control as well as sanitary conditions conform to the standard prescribed by the State.

  Article 9 No entertainment venues shall be established at places which possibly disturb normal work and study of schools, hospitals and organs.

  The boundary noise of an entertainment venue shall conform to the standard prescribed by the State.

  Article 10 Anyone who falls under any of the following categories shall not assume the office of legal representative or manager in charge of an operating unit of entertainment venue, nor participate in the operation and management of the operating unit of entertainment venue:

  (1) A person has ever been sentenced to fixed-term imprisonment for the crime of rape, the crime of molesting, humiliating a woman by forces, the crime of organizing, forcing, seducing, harboring, or introducing prostitution, the crime of gambling, the crime of producing, selling, or disseminating obscene materials, or the crime of smuggling, trafficking, transporting and manufacturing drugs;

  (2) A person has ever been deprived of political rights because of crime.

  Article 11 The State forbids the establishment of any entertainment venue operated with investment solely made by foreign businessman.

  Article 12 The competent department of culture administration, public security organ, and the administrative department of public health under the people's government at or above the county level at the place where an operating unit of entertainment venue to be established is located shall, within their respective functions and duties, examine and verify the establishment of such an operating unit of entertainment venue in accordance with the provisions of these Regulations; only those that are found up to standard upon examination and verification may apply to the administrative department of industry and commerce for registration, and for obtaining a business license.

  Article 13 Where an operating unit of entertainment venue modifies its name, domicile, legal representative or manager in charge, business range, entertainment items or any other important items, the matter shall be subjected to examination and verification by original examining and verifying departments, and it shall apply to the administrative department of industry and commerce for undertaking modification registration according to law.

  Chapter III The Operation Activities of Entertainment Venue

  Article 14 An unit not examined and verified up to standard by the competent department of culture administration, public security organ, and the administrative department of public health in accordance with these Regulations and without obtaining a business license shall not engage in operation activities of an entertainment venue.

  An operating unit of entertainment venue shall not alternate, lend and lease its business license, nor contract the entertainment venue to others.

  Article 15 Charges for all the entertainment items and services provided by an entertainment venue shall be clearly marked with their prices.

  For improper prices and high charges, the price administration department under the people's government at or above the county level shall, in accordance with the relevant provisions of the State, adopt measures for controlling prices.

  Article 16 Performance activities organized by entertainment venues or songs they broadcast as well as screen pictures they show shall not contain the contents listed in Article 4 of these Regulations.

  Any game programs with image and sound shown by electronic screen shall not contain the contents listed in Article 4 of these Regulation.

  Sound and video products and electronic publications used in entertainment venues must be those published by legally approved publishing units or legally imported upon approval.

  Article 17 Entertainment venues shall not use electronic game machines or circuit boards that have the gambling function such as return of coil, steel ball and lottery.

  Article 18 If an entertainment venue intends to increase or change electronic game machines or circuit boards, the matter must be examined and verified by the original examining and verifying administrative department of culture.

  Article 19 Entertainment venues shall not provide any entertainment activities engaged in by use of computers.

  Article 20 When inviting art performance groups or individuals for commercial performances, the entertainment venues of song and dance concerned shall abide by the management provisions of the State on commercial performances.

  Article 21 Entertainment venues of song and dance shall not receive minors.

  Electronic game machines in entertainment venues of game shall not be provided to minors except on stipulated national holidays.

  Article 22 Staff in entertainment venues shall wear uniforms and credentials during opening hours.

  Chapter IV The Public Security Administration in Entertainment Venues

  Article 23 Entertainment Venues shall establish and make different security systems and employ security personnel according to the relevant provisions of the State.

  Security personnel must be trained by the public security organs of the people's governments at or above the county level; only those who have been trained and obtained qualification certificates may begin to work.

  Article 24 Working personnel in entertainment venues must hold resident identity cards; among them, those who come from other places must additionally hold certificates for temporary stay and certificates for work. Foreigners and other persons from outside of mainland China working in entertainment venues shall obtain licenses for foreigners to work.

  Entertainment venues shall not employ persons without or without full of the certificates mentioned in the preceding paragraph.

  Article 25 It is strictly prohibit operation units of entertainment venues and their working personnel from organizing, forcing, seducing, harboring, or introducing prostitution, from opening gambling houses or gambling parties, from seducing, abetting, cheating, forcing others to eat or inject drugs, form conducting feudal superstition activities, form selling, disseminating obscene books, films, video tapes, records, pictures and other obscene materials, and from providing accompanies for making profit, or providing convenience and conditions for people who enter into entertainment venues to conduct above mentioned activities.

  Persons entering into entertainment venues are strictly prohibited from prostitution, wench, gambling, freak-out, from selling and disseminating obscene books, films, video tapes, records, pictures and other obscene materials, from participating in obscene or anti-society activities and other superstitious activities, and from engaging in accompanies for making profit.

  When founding persons entering into entertainment venues commit the acts stipulated in the preceding paragraph, the operation unit of entertainment must order to stop, and promptly report to local public security organs.

  Article 26 No one shall fight, overdrink, affray or humiliate and molest women at entertainment venues nor conduct activities which disturb the normal operation order of entertainment venues.

  Article 27 No one shall illegally bring guns, ammunitions, controlled knives, and explosive, combustible , poisonous, or erosive articles into entertainment venues.

  Article 28 Box rooms in entertainment venues of song and dance shall install transparent door and windows that show whole inner scenes and no inner-locks shall be installed.

  Article 29 Operation units of entertainment venues shall strengthen measures for fire control, and guarantee the normal function of fire control equipment.

  Article 30 The number of consumers received in entertainment venues of song and dance shall not exceed the verified number.

  Chapter V Penalty Provisions

  Article 31 An operation unit of entertainment venue established without authorization and in violation of the provisions of these Regulations shall be banned by the administrative department of industry and commerce, illegal earnings and equipment sued for illegal business activities shall be confiscated; if the amount of illegal earnings is more than 4000 yuan, a fine of not less than 2 times nor more than 5 times the illegal earnings shall also be imposed; if there are no any illegal earnings or the amount of illegal earnings is less than 4000 yuan, a fine of not less than nor more than 20,000 yuan shall also be imposed.

  Article 32 If an operation unit of entertainment venues alter, lend and lease its business license, the administrative department of industry and commerce shall impose punishment according to the provisions of the relevant laws or regulations.

  Article 33 If an operation unit of entertainment venues alternates the recreation item, add or reduce the model and type of game machine or change the circuit board without the verification by the competent department of culture administration, the competent department of culture administration shall order and enforce the remedial procedure of verification within the time limit; if failing to make the remedial procedure of verification, the operation unit of entertainment venues shall be ordered to suspend business for rectification, have its illegal earnings confiscated, and also be imposed a fine of not less than 2,000 yuan nor more than 10,000 yuan.

  Article 34 If an operation unit of entertainment venues has any one of the following circumstances, the competent department of culture administration shall order it make corrections, give it a warning, order it to suspend its business for rectification, confiscate its illegal earnings; if the amount of illegal earnings is more than 2,500 yuan, it shall be concurrently imposed a fine of not less than 2 times nor more than 4 times the illegal earnings; if there are no any illegal earnings or the amount of the illegal earnings is less than 2,500 yuan, it shall be imposed concurrently a fine of not less than 2,500 yuan nor more than 10,000 yuan; if the circumstances are serious, its business license shall be revoked by the administrative department of industry and commerce:

  (1) to contract with others for the operation of business by others;

  (2 to receive minors and provide game machines to minors except on the stipulated national holidays;

  (3) to use sound or video products and electronic publications that are not published by lawful publishing units or imported in line with the verification of relevant laws;

  (4) to provide any recreation activities using computer;

  (5) to provide the model and type of game machine and circuit board with gambling functions.

  Article 35 In case of the following situations in an entertainment venue, the competent department of culture administration shall order it to suspend its business for rectification, confiscate its illegal earnings and equipment or facilities used in illegal operation, and shall also impose a fine of not less than 4,000 nor more than 40,000 yuan upon it; if the circumstances are serious, the administrative department of industry and commerce shall revoke its business license; if a crime is constituted, criminal liability shall be investigated according to law.

  (1) the organized performance or played songs or shown video images containing the contents which are prohibited by Article 4 of these Regulations;

  (2) game programs designed and installed in game machines containing the contents which are prohibited by Article 4 of these Regulations.

  Article 36 Except the situations described in Article 35 of these Regulations, any activities prohibited by Article 4 of these Regulations in entertainment venues shall be dealt with by public security organs according to the provisions of the relevant laws and regulations; if crimes are constituted, criminal liabilities shall be investigated according to law.

  Article 37 In case of any one of the following situations in an entertainment venue, the public security organ shall order it to make corrections, give it a warning, order it to suspend its business for rectification, and shall also impose a fine of not less than 1,000 yuan nor more than 10,000 yuan upon it; if the circumstances are serious, its business license shall be revoked by the administrative department of industry and commerce:

  (1) its employees have no or have no complete certificates stipulated in Article 24 of these Regulations;

  (2) it fails to staff security guards according to the relevant provisions of the State or arrange security guards without qualification certificates to work;

  (3) the box rooms do not conform to the provisions of Article 28 of these Regulations;

  (4) the number of consumers received in entertainment venue of song and dance exceeds the verified number.

  Article 38 If an operation unit of entertainment venue violates the provisions on fire control, the public security organ shall punish it according to the provisions of the relevant laws and regulations.

  Article 39 Any persons of an entertainment venue who has any one of the following situations shall be investigated for criminal liabilities if crimes are constituted; if no crimes are constituted, penalties shall be given according to the relevant provisions of the regulations on administrative penalties for public security:

  (1) to utilize conditions of its own to organize, force, seduce, harbor, or introduce prostitution;

  (2) to disguise or notify law-breakers or criminals when police investigate and suppress the prostitution and wench;

  (3) to utilize conditions of its own open gambling games;

  (4) to utilize conditions of its own to seduce, abet, cheat, force others to eat or inject drugs.

  Article 40 If an operation unit of entertainment venue let prostitution and wench in the place drift, taking no measure to stop, the public security organ shall order it to suspend its business for rectification, and shall also impose a fine of not less than 10,000 yuan nor more than 100,000 yuan upon it; if the circumstances are serious, its business license shall be revoked by the administrative department of industry and commerce; the persons in charge directly responsible and the other responsible persons shall be given disciplinary sanctions according to the provisions, and shall also be fined not more than 1,000 yuan by the public security organ.

  Article 41 In case of any one of the following situations in an entertainment venue, the public security organ shall order it to make corrections, give it a warning, order it to suspend its business for rectification, and shall also impose a fine of not less than 4,000 yuan nor more than 20,000 yuan upon it; if the circumstances are serious, its business license shall be revoked by the administrative department of industry and commerce:

  (1) to engage in feudal superstitious activities;

  (2) to provide accompanies for making profit;

  (3) to provide convenience and conditions for people entering into the entertainment venue to engage in the activities mentioned in Items (1),(2) of this Article.

  Article 42 In case of any one of the following situations, penalties shall be given according to the provisions of the regulations on administrate penalties for public security; if crimes are constituted, criminal liabilities shall be investigated according to law:

  (1) to illegally bring guns, ammunitions, controlled knives, and explosive, combustible, poisonous, erosive articles into an entertainment venue;

  (2) to prostitute, wench, gamble, freak-out, engage in feudal superstitious activities, sells and disseminate obscene materials, participate in obscene or anti-society activities and obscene activities;

  (3) to fight, overdrink, affray or humiliate and molest women in place of entertainment or other activities which disturb the normal running of business.

  Article 43 Personnel of the competent departments of culture administration or of the public security organs who operate entertainment venues, or participate in or participate in under disguised forms business activities of entertainment venues, shall be given the administrative sanctions of dismissal from post or dismissal.

  If the competent departments of culture administration or the public security organs commit any acts listed in the preceding paragraph, the persons in charge directly responsible and the other directly responsible persons shall be punished according to the provisions of the preceding paragraph

  Article 44 Personnel of the competent department of culture administration, the public security organs or any other administrative departments abuse their powers, neglect their duties, practice favoritism or participate in or harbor illegal acts shall be investigated for criminal liabilities according to law if crimes are constituted; or be given administrative sanctions according to law if no crimes are constituted.

  Chapter VI Supplementary Provisions

  Article 45 The operation units of entertainment venues established upon approval before the effectiveness of these Regulations, shall re-undergo the procedures for of examination and verification according to the provisions of Article 12 of these Regulations within 6 months since the effectiveness of these Regulations.

  Article 46 If an operation unit of non-entertainment venue concurrently operate entertainment items, these Regulations shall be implemented as a reference.

  Article 47 These Regulations take effect as of July 1, 1999.

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