Regulations on the Administration of Entertainment Places
Regulations on the Administration of Entertainment Places
Regulations on the Administration of Entertainment Places
Order of the State Council [2006] No. 458
January 29, 2006
The Regulations on the Administration of Entertainment Places, which were adopted at the 122nd executive meeting of the State Council on January 18, 2006, are hereby promulgated and shall come into force as of March 1, 2006.
Premier: Wen Jiabao
Annex: 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, the present Regulations are formulated.
Article 2 The "entertainment place" as mentioned in the present Regulations refers to the singing, dancing and game places for profits, which are opened to the general public and for the self-entertainment of consumers.
Article 3 The competent departments of culture under the people's government at the county level or above shall be responsible for the supervision and administration on daily business operation of the entertainment places, and the public security organs at the county level or above shall be responsible for the supervision and administration on fire control and public security of the entertainment places.
Article 4 No state organ or any of its functionaries may operate entertainment places or participate in the business operation of entertainment places or do so in any disguised form.
No relative, who has such relationship as husband and wife, lineal descent, collateral consanguinity within three generations or close affinity with the any functionary of the competent departments of culture or the public security organs, may operate entertainment places or participate in the business operation of the entertainment places or do so in any disguised form.
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 or disseminating nasty materials, the crime of smuggling, selling, transporting and manufacturing drugs, the crime of rape, the crime of molesting or humiliating women by forces, the crime of gambling, the crime of money laundering, the crime of organizing, leading or actively participating in an underworld-style organization;
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, other than solely foreign-funded entertainment places.
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 of culture under the State Council. The establishment of a game entertainment place having electronic game machines shall meet the requirements on the total amount and overall arrangement as provided for by the competent department of culture under the State Council.
Article 9 To establish an entertainment place, an application shall be filed with the local competent department of culture under the people's government at the county level. To establish a Chinese-foreign equity or contractual joint entertainment place, an application shall be filed with the competent department of culture under the people's government of the province, autonomous region or municipality directly under the Central Government.
To apply for establishing an entertainment place, a written declaration that its investors, legal representative or other principals to be appointed are not under any of the circumstances as prescribed in Article 5 of the present Regulations shall be submitted. And the applicant shall be responsible for the authenticity of the contents in the written declaration.
The competent department of culture that has accepted the application shall verify the written declaration at the public security organ or other relevant departments, which shall be cooperative. If the written declaration is true upon verification, the competent department of culture shall conduct an on-the-spot inspection and make a decision according to Articles 7 and 8 of the present Regulations. For the approved entertainment place, the competent department of culture shall issue a license for entertainment business operation and verify the amount of consumers acceptable to the entertainment place according to the prescriptions as set down by the competent department of culture under the State Council; for the not approved entertainment place, it shall notify the applicant in written form and explain the reasons.
Where there are provisions of laws or administrative regulations that require the formalities for examination and approval of fire control, hygiene or environmental protection, such provisions shall be complied with.
Article 10 The competent departments of culture shall hold hearings for the examination and approval of entertainment places. And the procedures for hearings shall accord with the Administrative Licensing 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, only after it has obtained a license for entertainment business operation and other approval documents on fire control, hygiene and environmental protection.
The entertainment place shall report to the local public security organ at the county level for archiving purposes within 15 days after obtaining the business license.
Article 12 Where an entertainment place rebuilds or expands its business place or alters its business place, main facilities and equipment, investors or other matters as stated in the license for entertainment business operation, it shall apply to the original license-issuing organ for reissuing upon verification a license for entertainment business operation and put this on records at the public security organ.
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