Regulation on the Administration of Entertainment Venues (2016 Revision)

Regulation on the Administration of Entertainment Venues (2016 Revision) Regulation on the Administration of Entertainment Venues (Promulgated by the Order No. 458 of the State Council of the People's Republic of China on January 29, 2006; and revised in accordance with the Decision of the State Council on Amending Some Administrative Regulations on February 6, 2016) 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” as 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 such relationship 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 as 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; or (5)Areas adjacent to the warehouses of dangerous chemicals. The boundary noise of an entertainment venue shall conform to the standards for environmental noises as prescribed by the State. Article 8 The area of usage of an entertainment venue shall not be less than the minimum standards as 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 as prescribed by the competent department for culture administration under the State Council. Article 9 An entertainment venue that applies for engaging in the entertainment venue business shall file the application with the competent culture administrative department at the level of the county where it is located; and an entertainment venue as a Chinese-foreign equity joint venture or a Chinese-foreign contractual joint venture that applies for engaging in the entertainment venue business shall file the application with the competent culture administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government where it is located.” In paragraph 2, “To apply for establishing an entertainment venue” is replaced with “An entertainment venue that applies for engaging in the entertainment venue business. 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 as 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 as 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 entertainment venue shall undergo the recordation formalities with the public security authority at the level of the county where it is located within 15 days of legally obtaining a business license and the relevant approval document and permit.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 as 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 the following contents 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; and (9)Any other content as prohibited by the laws or administrative regulations. Article 14 No entertainment venue or any of its working staff may carry out 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; or (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 ab......