the State Council Order of the State Council No. 458 The Regulations on the Administration of Entertainment Places, which were adopted at the 122nd executive meeting of the State Council Wen Jiabao, the Premier January 29, 2006 Regulations on the Administration of Entertainment Places Chapter I General Provisions Article 1 With a view to strengthening the administration of entertainment places and ensuring the healthy development of entertainment places, Article 2 The “entertainment place” as mentioned in the present Regulations refers to the singing, dancing and game places for profits, which Article 3 The competent departments of culture under the people’s government at the county level or above shall be responsible for the supervision Article 4 No state organ or any of its functionaries may operate entertainment places or participate in the business operation of entertainment No relative, who has such relationship as husband and wife, lineal descent, collateral consanguinity within three generations or close Chapter II Establishment Article 5 Anyone, who is subject to any of the following circumstances, shall not operate entertainment places or work in entertainment places: (1) having ever committed the crime of organizing, forcing, tempting, harboring or introducing prostitution, the crime of producing, selling (2) having ever been deprived of political rights due to crimes; (3) having been forced to give up drug habits because of sucking or injecting addictive drugs; or (4) having ever been subjected to administrative detention due to prostitution or going whoring. Article 6 Foreign investors may establish Chinese-foreign equity or contractual joint entertainment places together with Chinese investors, Article 7 No entertainment place may be established at any of the following places: (1) residential buildings, museums, libraries or buildings verified to be cultural relic protection entities; (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; or (5) areas adjacent to warehouses of dangerous chemicals. The boundary noise of an entertainment place shall be up to the standards for environmental noises as provided for by the State. Article 8 The area of usage of an entertainment place shall not be less than the minimum standard as provided for by the competent department Article 9 To establish an entertainment place, an application shall be filed with the local competent department of culture under the people’s To apply for establishing an entertainment place, a written declaration that its investors, legal representative or other principals The competent department of culture that has accepted the application shall verify the written declaration at the public security Where there are provisions of laws or administrative regulations that require the formalities for examination and approval of fire Article 10 The competent departments of culture shall hold hearings for the examination and approval of entertainment places. And the procedures Article 11 An applicant may go through the registration formalities at the administrative department for industry and commerce and obtain a business The entertainment place shall report to the local public security organ at the county level for archiving purposes within 15 days Article 12 Where an entertainment place rebuilds or expands its business place or alters its business place, main facilities and equipment, investors Chapter III Business Operation Article 13 The State promotes and develops the excellent national culture, and prohibits entertainment activities containing the following content (1) violating the fundamental principles specified in the Constitution; (2) disserving the unity, sovereignty and territorial integrity of the State; (3) disserving the security, honor or interests of the State; (4) instigating ethnic animosity or ethnic discrimination, damaging national sentiment or aggrieving ethnic customs and habits, or destroying (5) violating religious policies of the State, or instigating heresy or superstition; (6) instigating the obscenity, gambling, violence or drug-related crimes, or abetting others to commit crimes; (7) in violation of social morality or excellent ethnic cultural heritage; (8) insulting or defaming others or infringing on the lawful rights and interests of others; and (9) any other content prohibited by laws or administrative regulations. Article 14 No entertainment place or any of its staff members may conduct the following activities or provide conditions for the people who enter (1) selling or providing drugs, or organizing, forcing, abetting, tempting, cheating or harboring others to suck or inject drugs; (2) organizing, forcing, tempting, harboring, or introducing others for prostitution or going whoring; (3) manufacturing, selling or disseminating obscene materials; (4) providing accompanies or doing so for profits; (5) gambling; (6) taking part in heresy or superstitious activities; or (7) other illegal activities or crimes. No staff member of an entertainment place may suck or inject drugs, prostitute oneself or go whoring; no entertainment place or any Article 15 The singing and dancing entertainment place shall install the monitoring equipments of closed circuit television at the entrances, The singing and dancing entertainment place shall keep the video materials recorded down by the closed circuit television for 30 days Article 16 The boxes and compartments of a singing and dancing entertainment place shall not be separated, and shall be installed with transparent Article 17 The lightness inside a singing and dancing entertainment place during the business hours shall not be lower than the standard as provided Article 18 The audio-video products and electronic games used in an entertainment place shall be those published, manufactured or imported according The songs played or video images shown at a singing and dancing entertainment place or the game programs installed in electronic game Article 19 The game entertainment place shall not install electronic game machine models, machine types, circuit boards or other game facilities Article 20 The legal representative or the main principal of an entertainment place shall be responsible for the fire control and other safety The entertainment place shall ensure that its buildings and facilities are in line with the safety standards and fire control technical The entertainment place shall formulate a scheme on safety work and an advance scheme on emergency evacuation. Article 21 The entertainment place shall, during the business hours, keep its evacuation channels and safe exits free, and shall not block or The entertainment place shall setup eye-catching direction marks at evacuation channels and safe exits, and shall not shelter or cover Article 22 No one may illegally carry guns, ammunitions, controlled instruments, or explosive, combustible, poisonous or erosive dangerous articles The discotheque shall install safety checking equipments and carry out safety inspection of the people who enter its business places. Article 23 No singing and dancing entertainment place may receive minors. The electronic game machines in a game entertainment place shall not Article 24 No entertainment place may employ minors. If an entertainment place employs foreigners, it shall obtain the licenses for the employment Article 25 The entertainment place shall sign the responsibility letters on civilized services with its staff members, and establish a roster The entertainment place shall setup a log of business operation that indicates the duties, working hours and working places of its Article 26 The entertainment place shall conclude security service contracts with security service enterprises and hire professional security Article 27 The staff members of an entertainment place shall, during the business hours, wear uniforms and job marks, and carry identity cards The staff members shall comply with occupational morality and sanitation criteria, be honest, faithful and polite, and shall not damage Article 28 No entertainment place may conduct business operation between 2-8 o’clock a.m. every day. Article 29 The entertainment place shall clearly mark the prices of the entertainment items and services it provides, and show the price list Article 30 The entertainment place shall, at the eye-catching sites of the halls, boxes and compartments of its business places, setup warning Article 31 The entertainment place shall establish a patrolling system, and shall immediately report to the local public security organ and the Chapter IV Supervision and Administration Article 32 When the functionaries of the competent departments of culture, the public security organs or other relevant departments are performing When the functionaries of the competent departments of culture, the public security organs or other relevant departments are performing Article 33 The competent departments of culture, the public security organs or other relevant departments shall record down the conditions on Article 34 The competent departments of culture, the public security organs or other relevant departments shall establish a warning and recording Article 35 The competent departments of culture, the public security organs or other relevant departments shall establish a mutual information Article 36 Where any entity or individual finds any activity in violation of the present Regulations undertaken at an entertainment place, he/she The competent departments of culture, the public security organs or other relevant departments shall, upon receipt of a tip-off, record Article 37 When necessary, the competent departments of culture and the public security organs at the higher levels may investigate and handle The competent departments of culture and the public security organs at the lower levels may require transferring those significant Article 38 In case the competent departments of culture, the public security organs, any other relevant department or any of their functionaries Article 39 The trade association of entertainment places shall, according to the articles of association, formulate the self-discipline trade Chapter V Legal Liabilities Article 40 Where the business operation undertaken by any entertainment place violates the present Regulations, it shall be banned by the administrative Article 41 Where any license for entertainment business operation obtained by fraud or any other unjustifiable means in violation of the present Article 42 Where any entertainment place carries out activities prohibited by Article 14 of the present Regulations, the public security organ Article 43 Where any entertainment place violates the present Regulations and is under any of the following circumstances, the public security (1) The installation of illuminating equipment, boxes or compartments or the use of doors or windows is inconsistent with the present (2) It does not install the monitoring equipment of closed circuit television according to the present Regulations or interrupts the use (3) It does not keep the video materials recorded down by the closed circuit television according to the present Regulations, or deletes (4) It does not install the safety inspection equipment or carry out the safety inspection of the people who enter its business places (5) It does not employ security personnel according to the present Regulations. Article 44 Where any entertainment place violates the present Regulations and is under any of the following circumstances, the public security (1) installing electronic game machine models, machine types, circuit boards or other game facilities and equipment that have gambling (2) awarding the winners with cash or securities or repurchasing awards. Article 45 Where any entertainment place instigates or connives with its staff members to infringe on the personal rights of consumers, it shall Article 46 Where an entertainment place fails to report it to the public security organ for archiving purpose according to the present Regulations Article 47 Where any entertainment place violates the present Regulations and is under any of the following circumstances, the competent department (1) The song ordering system used in a singing and dancing entertainment place is connected to any foreign song database; (2) The songs played or video images shown at a singing and dancing entertainment place or the game programs installed in electronic game (3) The singing and dancing entertainment place receives minors; (4) The game entertainment place provides its electronic game machines to minors on the days other than the statutory national holidays; (5) The consumers contained in an entertainment place exceed the prescribed amount. Article 48 Where an entertainment place violates the present Regulations and is under any of the following circumstances, the competent department (1) It fails to apply to the original license-issuing organ for re-issuing upon verification a license for entertainment business operation (2) It undertakes business operation within the time during which the business operation is prohibited by the present Regulations; or (3) Its staff members fail to wear uniforms or job marks during business hours. Article 49 Where an entertainment place fails to work out a roster of its staff members or a log of business operation according to the present Article 50 Where an entertainment place fails to hang warning marks or the marks on prohibiting or restricting minors from entering according Article 51 Where an entertainment place employs minors, the administrative departments for labor and social security shall order it to make correction Article 52 Where the business operation of any entertainment place undertaken without permission are banned according to law, the investors or Where any entertainment place violates the present Regulations and its license for entertainment business operation is revoked or Where an entertainment place has be warned for 3 times during 2 years due to violation of the present Regulations, and is given an Article 53 Where any entertainment place violates the laws or administrative regulations on the public security management or fire control management, Where an entertainment place violates the laws or administrative regulations on hygiene, environmental protection, price or labor, Where there is any dispute between an entertainment place or its staff member and consumers, the dispute shall be solved according Article 54 Where the license for entertainment business operation of an entertainment place is revoked or cancelled due to its violation of the Article 55 Where a state organ or any of its functionaries operates entertainment places, participates in the business operation of any entertainment Where any functionary of the competent department of culture or the public security organ clearly knows that any of his relatives Article 56 Where any functionary of the competent department of culture, the public security organ, the administrative department for industry (1) issuing licenses, approval documents or business licenses to the entities that do not meet the statutory conditions for establishment; (2) failing to fulfill the duty of supervision and administration, or failing to ban the business operation of entertainment places, which (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 rights and authorities; (5) taking part in or harboring illegal activities by making use of his rights and authorities, or sending inside messages to the relevant (6) any other act of misusing his rights and authorities, neglecting his duties or seeking for private interests or resortin
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