CHAPTER I GENERAL PROVISIONS CHAPTER II ORGANIZATION AND DUTIES CHAPTER III APPLICATION AND EXAMINATION AND APPROVAL CHAPTER IV OPERATION AND MANAGEMENT CHAPTER V LEGAL LIABILITY CHAPTER VI SUPPLEMENTARY PROVISIONS Article 1 These Regulations are formulated pursuant to relevant laws of the state and with the particular circumstances of this Municipality Article 2 The “commercial culture and entertainment establishments” in these Regulations refer to the following establishments that are 1. Dance halls and Karaoke halls; 2. Music tea house; 3. Video-games arcade; 4. Amusement hall or amusement park; 5. Billiards rooms; and 6. Other culture and entertainment establishments designated by the state or this Municipality. “Commercial cultural and entertaining operation activities” in these Regulations refer to the followings: 1. Various kinds of commercial performances and shows in commercial culture and entertainment establishments, including fashion 2. Competition activities of a cultural and entertaining items that are financially helped and supported in the form of payments 3. Various kinds of performing activities in commercial dining halls or restaurants; and 4. Intermediary activities of culture and entertainment broker organization and brokers. Article 3 These Regulations shall apply to the set-up of commercial culture and entertainment establishments, to engagement in operations Article 4 The set-up of commercial culture and entertainment establishments and commercial cultural and entertaining operation All cultural and entertaining operation activities shall be civilized, healthy, benefiting, and secure. Engagement in the cultural and entertaining operation activities that are detrimental to the interest of the state and the public Article 5 This Municipality shall adopt a licensing system for the set- up and commercial culture and entertainment establishments and for CHAPTER II ORGANIZATION AND DUTIES Article 6 The municipal department for the administration of cultural affairs is the competent department responsible for the administration 1. To implement and enforce relevant laws and regulations of the state and of this Municipality, and to be responsible for the 2. To prepare a development plan for the culture and entertainment market of this Municipality, and to exercise macro-scale 3. To be responsible for the supervision and administration of the culture and entertainment market of this Municipality; 4. To be responsible for testing and checking the administrative personnel and other working staff of the culture and 5. To commend and reward those units and individual persons who have contributed considerably to the prosperity of the 6. To punish acts that violate these Regulations. The Municipal Social and Cultural Affairs Section, directly under the charge of the municipal department for the administration Article 7 The district/county department for the administration of cultural affairs shall be responsible for administering the culture 1. To implement and enforce relevant laws and regulations of the state and this Municipality; 2. To prepare the development plan for the culture and entertainment market of the district/county and to organize for the 3. To be responsible for the supervision and administration of the commercial culture and entertainment establishments and 4. To commend and reward those units and individual persons who have contributed considerably to the prosperity of the 5. To punish acts that violate these Regulations. Article 8 The various levels of departments for public security, administration of industry and commerce, public health, price control, CHAPTER III APPLICATION AND EXAMINATION AND APPROVAL Article 9 To set up or operate a commercial culture and entertainment establishment and to engage in commercial cultural and entertaining Article 10 To set up a commercial culture and entertainment establishment, the following requirements shall be met: 1. The person who is to be responsible for the establishment and other relevant personnel shall have obtained the Qualification 2. The establishment shall have Operation premises and supporting facilities that conform to established standards; 3. The Operation premises shall be safe and reasonable in its architectural structure. Fire prevention and fire fighting 4. Facilities of public hygiene, ventilation, noise control, etc. shall meet relevant standards; 5. The establishment shall have the required amount of registered capital; and 6. The establishment shall have a set of necessary management Regulations. Article 11 To set up a commercial performing team, the following requirements shall be met: 1. Having a person to take charge of the team who is experienced with the Operation and qualified by the municipal department 2. Having performers who have acquired the Performer’s Certificate issued by the municipal department for the administration 3. Having the necessary musical instruments and programs for show; and 4. Having a set of necessary management system. Article 12 To set up a commercial fashion-show team, the following requirements shall be met: 1. Having a person to take charge of the team who has the required professional expertise and ability to manage; 2. Having a fixed office, a place for rehearsal, and the necessary equipment for performances; 3. Having performers who have acquired the Performer’s Certificate issued by the municipal department for the administration 4. Having the required amount of funds; and 5. Having a set of necessary management system. Article 13 Persons performing in the commercial culture and entertainment establishments of this Municipality shall have artistic If professional performers employed by artistic and performing troupes want to perform in commercial culture and entertainment Article 14 Anyone who sets up a culture and entertainment broker organization shall meet the following requirements: 1. Having a person to take charge of the team who has the required professional expertise and ability to manage, and having 2. Having a fixed office and facilities that are commensurate with the Operation scope; 3. Keeping separate accounting, carrying out autonomous operation, and assuming sole responsibility for profits and losses; 4. Having the required amount of registered capital; and 5. Having a set of necessary management system. Article 15 Culture and entertainment brokers shall have the required level of education and the required experience in the Operation Article 16 Those who intend to set up commercial culture and entertainment establishments or engage in commercial cultural 1. Those who intend to set up commercial culture and entertainment establishments in hotels that are accredited with starts 2. Those who intend to set up commercial culture and entertainment establishments in other places shall apply for approval 3. Those who intend to organize and set up commercial performing troupes or commercial teams for fashion shows shall apply to 4. Those who intend to establish culture and entertainment broker or organization or those individual persons who intend Those who have been approved and have acquired the Permit for Cultural Operation shall apply for a Operation license to the local Article 17 Those units and individual persons who have set up commercial culture and entertainment establishments or are engaged in commercial CHAPTER IV OPERATION AND MANAGEMENT Article 18 Commercial culture and entertainment establishments shall exhibit their Permit for Cultural Operation in a conspicuous place. The person in charge of a commercial culture and entertainment establishment and relevant employees shall carry The performing teams, fashion show teams and the performers shall carry with them the Performance Permit and the Performer’s Article 19 Commercial culture and entertainment establishments shall not invite for performance performing teams that have no Performance Commercial culture and entertainment establishments shall not assign jobs to relevant employees such as the person in Article 20 Permits for Cultural Operation, Performance Permits, Performer’s Certificates and Qualification Certificates shall not Permits for Cultural Operation, Performance Permits, Performer’s Certificates and Qualification Certificates shall Article 21 For performances in commercial culture and entertainment establishments, the parties concerned shall conclude in writing Article 22 Commercial culture and entertainment establishments shall not overreach their capacity in selling tickets or in receiving patrons. Article 23 Commercial culture and entertainment establishments shall use laser disks and other audio visual products published and distributed The types of machines and the content of the games and amusement used in video-games arcade and amusement hall or park shall be Article 24 Gambling and salacious activities shall be prohibited in commercial culture and entertainment establishments. Commercial dance halls and video-games arcade shall be prohibited from receiving minors. Assignment of commercial culture and entertainment establishments on contractual basis shall be prohibited. Article 25 Commercial culture and entertainment establishments shall act in compliance with the laws and regulations of the state and of Article 26 Performing teams or individual persons from other provinces, the autonomous regions and other municipalities that come to Article 27 When performing teams or individual persons from foreign countries, Hong Kong Special Administrative Region, Macao Region Article 28 Units not having the Permit for Cultural Operation that want to engage in cultural and entertaining operation activities Article 29 Advertisements of performances released by commercial culture and entertainment establishments shall be truthful, lawful, and The contents of performance advertisements to be released by units and individual persons engaged in the cultural and entertaining Article 30 The municipal department for the administration of cultural affairs shall disqualify the culture and entertainment Article 31 To hold all-Shanghai or interdistrict/county competition activities of cultural and entertaining items that are financially The proceeds from the financial help and support in the form of payments of advertising fee shall be included in the income of Article 32 No commercial cultural and entertaining operation activities shall be held in public libraries, museums, primary and secondary Article 33 Units and individual persons that engage in cultural and entertaining operation activities shall submit to the municipal Article 34 Inspectors of the culture and entertainment market shall inspect the commercial culture and entertainment establishments The inspectors shall show their inspection certificates when performing their official duty. Article 35 Departments for the administration of cultural affairs shall commend and reward the units or individual persons that have
Article 36 Any of the following acts that violates the provisions of these Regulations, the Municipal Social and Cultural Affairs Section 1. Failure to carry as required the Performance Permit, the Performer’s Permit, or the Qualification Certificate; 2. Commercial culture and entertainment establishments assign jobs to those in charge of a commercial culture and entertainment 3. Overreaching one’s capacity in selling tickets or receiving patrons; 4. Exhibiting laser disks and other audio visual products published and distributed by audio visual publishers that have not been 5. The types of video games machines and the types of amusement machines, the games, and the contents of the games 6. Commercial dance halls or video-games arcades that games receive minors in violation of these Regulations; 7. Making unauthorized changes in the Operation scope, Operation address or legal representative; or 8. Making unauthorized changes in the structure and arrangement of the Operation premises without complying with the requirements Acts in violation of the preceding Section that are serious may be ordered in the meantime by the municipal or district/county Article 37 For any of the following acts that violate the provisions of these Regulations, the Municipal Social and Cultural Affairs Section 1. Setting up or operating a commercial culture and entertainment establishment or engage in commercial cultural and 2. Engaging performing teams or performers that hold no Performance Permit or the Performer’s Certificate; 3. Lending, leasing, altering or counterfeiting the Permit for Cultural Operation, the Performance Permit, the Performer’s Certificate 4. Out of town performing teams or individual persons from the provinces, the autonomous regions and other directly-administered 5. Arranging, without official approval, for performances by performing teams or individual persons from foreign countries, Hong To acts that violate the provisions of the preceding Section and are serious, the municipal or district/county department Article 38 If the operation of the commercial cultural and entertainment establishments have been assigned on contractual basis, the municipal Article 39 Those who perform or exhibit works that are reactionary, obscene or salacious in content, or engage in gambling, in salacious Article 40 When the department for the administration of cultural affairs or the Municipal Social and Cultural Affairs Section imposes Within 7 days after the municipal or district/county department for the administration of cultural affairs makes the decision Article 41 If the party concerned refuses to accept as final a specific administrative act done by the department for the administration If, upon the expiration of the prescribed period of time, the party concerned has neither applied for administrative review Article 42 All members of the working staff of the departments for the administration of cultural affairs and the Municipal Social and Cultural CHAPTER VI SUPPLEMENTARY PROVISIONS Article 43 Amusement machines mentioned in these Regulations shall mean the machines for games that are examined and checked by the approval &nb
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Home China Laws 2002 REGULATIONS OF SHANGHAI MUNICIPALITY ON THE ADMINISTRATION OF THE CULTURE AND ENTERTAINMENT...