Regulations on the Administration of Public Places and Entertainment Places

It has been adopted at the 22nd executive meeting of the State Council on June 8, 2006 (5438+ 10), and is hereby promulgated and shall come into force as of March 6, 2006 (65438+ 10). Article 1 These Regulations are formulated for the purpose of strengthening the management of entertainment places and ensuring the healthy development of entertainment places.

Article 2 The places of entertainment mentioned in these Regulations refer to places of singing, dancing and entertainment. They are for profit and open to the public for consumers to entertain themselves.

Article 3 The competent cultural department of the people's government at or above the county level shall be responsible for the supervision and management of the daily business activities of entertainment places; Public security departments at or above the county level shall be responsible for the supervision and management of fire control and public security in entertainment places.

Article 4 State organs and their staff members shall not set up entertainment places, and shall not participate in or participate in the business activities of entertainment places in disguised form.

Relatives who are husband and wife, lineal consanguinity, collateral consanguinity within three generations and close in-laws with the staff of the cultural authorities and public security departments shall not set up entertainment places or participate in or participate in the business activities of entertainment places in disguise. Article 5 A person under any of the following circumstances may not set up an entertainment place or conduct business in an entertainment place:

(1) Having committed the crimes of organizing, forcing, luring, sheltering and introducing prostitution, manufacturing, selling and disseminating obscene articles, smuggling, selling, transporting and manufacturing drugs, rape, compulsory indecency and insult to women, gambling, money laundering, and organizing, leading and participating in underworld organizations;

(2) Being deprived of political rights due to a crime;

(3) Being forced to give up drug treatment because of taking or injecting drugs;

(four) administrative detention for prostitution and whoring.

Article 6 Foreign investors may establish Sino-foreign equity joint ventures and Sino-foreign cooperative ventures with China investors according to law, and may not establish wholly foreign-owned entertainment venues.

Seventh entertainment venues shall not be located in the following places:

(a) residential buildings, museums, libraries and buildings approved as cultural relics protection units;

(two) residential areas and schools, hospitals and institutions around;

(3) Stations, airports and other crowded places;

(4) Below the basement of the building;

(five) the area adjacent to the dangerous chemicals warehouse.

The boundary noise of entertainment places shall conform to the environmental noise standards stipulated by the state.

Eighth entertainment area, shall not be less than the minimum standards stipulated by the competent department of culture in the State Council; The establishment of entertainment venues containing electronic game machines shall conform to the requirements of the competent cultural department of the State Council on the total amount and layout.

Article 9 An application shall be submitted to the competent cultural department of the local people's government at the county level for the establishment of entertainment places; The establishment of Sino-foreign equity joint ventures and Sino-foreign cooperative entertainment venues shall apply to the competent cultural departments of the local people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

To apply for the establishment of an entertainment venue, a written statement from the investor, the proposed legal representative and other responsible persons that there are no circumstances as stipulated in Article 5 of these Regulations shall be submitted. The applicant shall be responsible for the authenticity of the written statement.

The competent cultural department that accepts the application shall check the written statement with the public security department or other relevant units, and the public security department or other relevant units shall cooperate; After verification, the competent cultural department shall conduct on-the-spot inspection and make a decision in accordance with the provisions of Articles 7 and 8 of these Regulations. Approved, the issuance of the "Entertainment Business License", and in accordance with the provisions of the competent cultural department of the State Council approved the number of consumers in entertainment venues; If it is not approved, it shall notify the applicant in writing and explain the reasons.

Where the relevant laws and administrative regulations need to go through the examination and approval procedures for fire protection, sanitation and environmental protection, such provisions shall prevail.

Article 10 The competent department of culture shall hold a hearing when examining and approving entertainment places. The relevant hearing procedures shall be implemented in accordance with the provisions of the Administrative Licensing Law of People's Republic of China (PRC).

Article 11 An applicant may go through the registration formalities with the administrative department for industry and commerce and obtain a business license only after obtaining the Entertainment Business License and relevant approval documents on fire control, sanitation and environmental protection.

After obtaining the business license, the entertainment venue shall file with the local county public security department within 15 days.

Article 12 Where an entertainment venue rebuilds or expands its business premises, or changes its venue, main facilities and equipment, investors, or changes the items specified in the Entertainment Business License, it shall apply to the original issuing authority for renewal of the Entertainment Business License, and file with the public security department; If it is necessary to go through the registration of change, it shall go through the registration of change with the administrative department for industry and commerce according to law. Article 13 The State advocates the promotion of excellent national culture, and prohibits entertainment activities in entertainment places from containing the following contents:

(a) in violation of the basic principles set by the Constitution;

(2) endangering national unity, sovereignty and territorial integrity;

(three) endangering national security, or damaging the honor and interests of the state;

(4) Inciting national hatred and discrimination, hurting national feelings or infringing on national customs and habits, and undermining national unity;

(5) Propagandizing cults and superstitions, which violates the state's religious policy;

(6) Propagandizing obscenity, gambling, violence and drug-related criminal activities, or abetting crimes;

(seven) in violation of social morality or excellent national cultural traditions;

(8) Insulting or slandering others and infringing upon their legitimate rights and interests;

(9) Other contents prohibited by laws and administrative regulations.

Fourteenth entertainment venues and their employees shall not commit the following acts, and shall not provide conditions for people entering entertainment venues to commit the following acts:

(1) Selling or providing drugs, or organizing, forcing, abetting, luring, deceiving or allowing others to take or inject drugs;

(2) Organizing, forcing, luring, sheltering or introducing others to engage in prostitution or whoring;

(3) Producing, selling or disseminating obscene articles;

(4) Providing or engaging in escort service for profit;

(5) gambling;

(six) engaged in cult and superstitious activities;

(seven) other illegal and criminal acts.

Employees in entertainment places shall not take or inject drugs, or engage in prostitution or whoring; Entertainment places and their employees shall not provide conditions for people entering entertainment places to carry out the above acts.

Fifteenth song and dance entertainment venues should be in accordance with the provisions of the the State Council Municipal Public Security Department in the business premises of the entrance, main channel installation of closed-circuit television monitoring equipment, and should ensure the normal operation of closed-circuit television monitoring equipment during the business period, shall not be interrupted.

Song and dance entertainment venues shall keep the CCTV surveillance video data for 30 days for future reference, and shall not delete or use it for other purposes.

Sixteenth boxes and rooms of song and dance entertainment places shall not be partitioned, and transparent doors and windows shall be installed to show the overall indoor environment. The doors of boxes and private rooms should not have internal locking devices.

Seventeenth during the business period, the brightness of song and dance entertainment places shall not be lower than the standards prescribed by the state.

Article 18 Audio-visual products or electronic games used in entertainment places shall be products published, produced or imported according to law.

Songs, pictures played in song and dance entertainment places and game items in electronic game machines in entertainment places shall not contain the contents prohibited by Article 13 of these regulations; The song-on-demand system used in song and dance entertainment places shall not be connected with overseas music libraries.

Nineteenth entertainment venues shall not be equipped with electronic game machines, models, circuit boards and other game facilities and equipment with gambling function, and shall not use cash or securities as prizes, and shall not buy back prizes.

Article 20 The legal representative or principal responsible person of entertainment places shall be responsible for the fire safety and other safety of entertainment places.

Entertainment venues should ensure that their buildings and facilities meet the national safety standards and fire control technical specifications, regularly check the status of fire control facilities, and timely maintain and update them.

Entertainment places shall formulate safety work plans and emergency evacuation plans.

Twenty-first during the business period, entertainment venues should ensure the smooth flow of evacuation passages and exits, and should not block or lock evacuation passages and exits, and should not set fences and other obstacles that affect evacuation in evacuation passages and exits.

Places of entertainment shall set up obvious signs in evacuation passages and safety exits, and shall not block or cover up the signs.

Twenty-second, no one is allowed to illegally carry guns, ammunition, control equipment or explosive, flammable, toxic, radioactive, corrosive and other dangerous goods and infectious disease pathogens into entertainment places.

Disco should be equipped with safety inspection equipment to conduct safety inspection on personnel entering the business premises.

Twenty-third song and dance entertainment places shall not accept minors. Except for national statutory holidays, electronic game machines set in entertainment places shall not be provided to minors.

Twenty-fourth places of entertainment shall not recruit minors; Anyone who recruits foreigners shall apply for a foreigner's employment permit in accordance with the relevant provisions of the state.

Twenty-fifth entertainment venues should sign a letter of responsibility for civilized service with employees, and establish a list of employees; The list of employees shall include the real names of employees, copies of resident identity cards and employment certificates for foreigners.

Entertainment places shall establish a business log to record the job responsibilities, working hours and working places of employees during the business period; Business logs shall not be deleted and kept for 60 days for future reference.

Twenty-sixth entertainment venues should sign security service contracts with security service enterprises, equipped with professional security personnel; Other personnel shall not engage in security work.

Twenty-seventh during the business period, employees in entertainment venues should wear uniform work clothes, wear work signs, and carry resident identity cards or employment certificates for foreigners.

Employees shall abide by professional ethics and health norms, be honest and trustworthy, be polite to others, and shall not infringe upon consumers' personal and property rights.

Twenty-eighth every day from 2 am to 8 am, entertainment venues are not allowed to open.

Twenty-ninth entertainment venues to provide entertainment services and sell goods, should be clearly marked, and show the price list to consumers; Do not force or deceive consumers to accept services or buy goods.

Article 30 A place of entertainment shall hang warning signs containing anti-drugs, gambling, prostitution and whoring, and signs prohibiting minors from entering or restricting their entry in prominent positions in the halls, boxes and private rooms of the business premises. Signs should indicate the telephone numbers of public security departments and cultural authorities.

Thirty-first entertainment venues should establish a patrol system, and if illegal and criminal activities are found in entertainment venues, they should immediately report to the local county-level public security department and the cultural department of the county-level people's government. Thirty-second cultural authorities, public security departments and other relevant departments have the right to enter entertainment places when performing their duties of supervision and inspection according to law. Entertainment places shall cooperate and shall not refuse or obstruct. Need to consult the CCTV surveillance video data, staff roster, business logs and other information, entertainment venues should be provided in a timely manner.

Thirty-third cultural authorities, public security departments and other relevant departments shall record the situation of supervision and inspection and the results of handling. The supervision and inspection records shall be signed and filed by the supervision and inspection personnel. The public has the right to consult the supervision and inspection records.

Thirty-fourth cultural departments, public security departments and other relevant departments shall establish a warning and recording system for illegal acts in entertainment places; Entertainment places listed in warning records shall be announced to the public in a timely manner, and supervision and inspection shall be strengthened.

Thirty-fifth cultural authorities, public security departments and other relevant departments shall establish a mutual information notification system, and timely notify the results of supervision, inspection and handling.

Thirty-sixth any unit or individual who finds entertainment venues in violation of these regulations has the right to report to the cultural authorities, public security departments and other relevant departments.

The competent department of culture, the public security department and other relevant departments shall record the report and investigate and deal with it in a timely manner according to law; If it is not within the scope of responsibilities of this department, it shall be transferred to the relevant departments in a timely manner.

Article 37 The competent cultural department and public security department of the people's government at a higher level may, when necessary, investigate and deal with cases investigated and dealt with by the competent cultural department and public security department of the people's government at a lower level in accordance with the provisions of these Regulations.

If the competent department of culture and the public security department of the people's government at a lower level think that the case is serious and complicated, they may request that it be transferred to the competent department of culture and the public security department of the people's government at a higher level for investigation and handling.

Thirty-eighth cultural departments, public security departments and other relevant departments and their staff in violation of the provisions of this Ordinance, any unit or individual may report to the authorities at the same level or higher level that have the right to deal with it according to law. The organ that receives the report shall promptly investigate and deal with it according to law.

Thirty-ninth entertainment industry associations shall, in accordance with the provisions of the articles of association, formulate industry self-discipline norms and strengthen the guidance and supervision of members' business activities. Fortieth in violation of the provisions of these regulations, engaging in business activities of entertainment places without authorization shall be banned by the administrative department for industry and commerce and the competent department of culture according to law; When investigating public security and criminal cases, the public security department finds that it engages in business activities of entertainment places without approval, and shall ban it according to law.

Forty-first in violation of the provisions of this Ordinance, by deception or other improper means to obtain the entertainment business license, the original issuing authority shall revoke the entertainment business license.

Forty-second places of entertainment to implement the provisions of article fourteenth prohibited acts, by the county public security department confiscated illegal income and illegal property, ordered to suspend business for 3 months to 6 months; If the circumstances are serious, the original license-issuing organ shall revoke the Entertainment Business License, and impose a fine of 654.38 million yuan to 20,000 yuan on the directly responsible person in charge and other directly responsible personnel.

Forty-third entertainment venues in violation of the provisions of this Ordinance, one of the following circumstances, the county public security department shall order it to make corrections and give a warning; If the circumstances are serious, it shall be ordered to suspend business for rectification 1 month to 3 months;

(a) the use of lighting facilities, boxes, private rooms and doors and windows does not conform to the provisions of these regulations;

(two) failing to install or suspend the use of closed-circuit television monitoring equipment in accordance with the provisions of these regulations;

(3) Failing to save or delete the surveillance video data in accordance with the provisions of these Regulations;

(4) Failing to equip safety inspection equipment in accordance with the provisions of these Regulations or failing to conduct safety inspection on personnel entering the business premises;

(five) failing to provide security personnel in accordance with the provisions of these regulations.

Forty-fourth entertainment venues in violation of the provisions of this Ordinance, one of the following circumstances, the county public security department confiscated illegal income and illegal property, and impose a fine of more than 2 times and less than 5 times the illegal income; If there is no illegal income or the illegal income is less than 6,543,800 yuan, a fine of 20,000 yuan to 50,000 yuan shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification 1 month to 3 months;

(a) the establishment of electronic game machines, models, circuit boards and other game facilities and equipment with gambling functions;

(two) cash, securities as prizes, or buy back prizes.

Article 45 Where an entertainment place instigates or connives employees to infringe upon consumers' personal rights, they shall bear civil liability according to law, and the public security department at the county level shall order them to suspend business for rectification 1 to 3 months; If serious consequences are caused, the original issuing authority shall revoke the Entertainment Business License.

Forty-sixth entertainment business license, not in accordance with the provisions of this Ordinance to the public security department for the record, the public security department at the county level shall be ordered to make corrections, given a warning.

Forty-seventh in violation of the provisions of this Ordinance, under any of the following circumstances, the cultural administrative department of the people's government at the county level shall confiscate the illegal income and illegal property, and impose a fine of more than 0 times and less than 3 times the illegal income; If there is no illegal income or the illegal income is less than 6,543,800 yuan, a fine of 6,543,800 yuan and 30,000 yuan shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification 1 month to 6 months;

(1) The song-on-demand system of song and dance entertainment places is connected with overseas music libraries;

(two) the songs and pictures played in song and dance entertainment places or the game items in electronic game machines in entertainment places contain the contents prohibited by Article 13 of these regulations;

(three) the song and dance entertainment places accept minors;

(four) the electronic game machine set up in the entertainment place is provided to minors outside the national statutory holidays;

(five) entertainment places accommodate more than the approved number of consumers.

Forty-eighth entertainment venues in violation of the provisions of this Ordinance, one of the following circumstances, the cultural department of the people's government at the county level shall be ordered to make corrections, given a warning; If the circumstances are serious, it shall be ordered to suspend business for rectification 1 month to 3 months;

(a) change the relevant matters, not in accordance with the provisions of this Ordinance to apply for re issuance of entertainment business license;

(2) Doing business during the prohibited business hours stipulated in these Regulations;

(3) Employees who are not dressed and wear work marks during the business period.

Article 49 Where an entertainment place fails to establish a list of employees and business logs in accordance with the provisions of these Regulations, or finds that illegal and criminal acts are not reported in accordance with the provisions of these Regulations, the cultural administrative department of the people's government at the county level and the public security department at the county level shall order it to make corrections and give it a warning according to its statutory functions and powers; If the circumstances are serious, it shall be ordered to suspend business for rectification 1 month to 3 months.

Article 50 The cultural administrative department of the people's government at the county level and the public security department at the county level shall, according to their statutory functions and powers, order entertainment places not to hang warning signs and give them a warning.

Article 51 Where an entertainment venue recruits minors, the administrative department of labor security shall order it to make corrections, and a fine of 5,000 yuan per month shall be imposed for each minor recruited.

Fifty-second entertainment venues that have been banned according to law because of unauthorized business activities, their investors and responsible persons shall not invest in the establishment of entertainment venues or serve as legal representatives or responsible persons of entertainment venues for life.

Where an entertainment place is revoked or its Entertainment Business License is revoked due to violation of the provisions of these Regulations, its legal representative and person-in-charge shall not serve as the legal representative or person-in-charge of the entertainment place within 5 years from the date of revocation or revocation.

Entertainment due to violation of the provisions of this Ordinance, two years was sentenced to three warnings or fines, violations of this Ordinance should be subject to administrative punishment, by the cultural administrative department of the people's government at the county level, the public security department at the county level according to the statutory authority shall be ordered to suspend business for rectification for 3 months to 6 months; In 2 years, if he was ordered to suspend business for rectification twice and was given administrative punishment for violating these regulations, the original issuing authority shall revoke the Entertainment Business License.

Fifty-third entertainment venues in violation of laws and administrative regulations on public security management or fire management, shall be punished by the public security department according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Entertainment in violation of the relevant health, environmental protection, price, labor and other laws and administrative regulations, shall be punished by the relevant departments; If a crime is constituted, criminal responsibility shall be investigated according to law.

Disputes between entertainment places and their employees and consumers shall be handled in accordance with the laws and regulations protecting consumers' rights and interests; If personal or property damage is caused to consumers, entertainment places shall make compensation according to law.

Fifty-fourth places of entertainment in violation of the provisions of this Ordinance is revoked or revoked the "entertainment business license", it shall go through the formalities for change of registration or cancellation of registration with the administrative department for Industry and commerce according to law; If no correction is made within the time limit, the business license shall be revoked.

Article 55 Where a state organ or its staff set up an entertainment venue and participated in or disguised in the business activities of the entertainment venue, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions of dismissal or dismissal according to law.

The staff of the competent cultural department and the public security department shall be given administrative sanctions according to law if they know that their relatives run entertainment places or find that their relatives participate in or participate in the business activities of entertainment places in disguise, and fail to stop or stop them effectively; If the circumstances are serious, administrative sanctions of dismissal or expulsion shall be given according to law.

Fifty-sixth cultural departments, public security departments, industrial and commercial administrative departments and other relevant departments of the staff have one of the following acts, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Issuing licenses, approval documents and business licenses to units that do not meet the statutory conditions for establishment;

(2) Failing to perform the duties of supervision and management, or finding that engaging in business activities of entertainment places without authorization has not been banned according to law, or finding that illegal acts have not been investigated and dealt with according to law;

(three) after receiving the report and notification, failing to investigate and deal with illegal acts according to law;

(four) taking advantage of his position to ask for or accept other people's property or seek other benefits;

(five) taking advantage of his position to participate in or cover up illegal acts, or to expose the relevant units and individuals;

(six) there are other acts of abuse of power, dereliction of duty, favoritism. Article 57 The employees mentioned in these Regulations include managers, service personnel, security personnel and other staff of entertainment places.

The fifty-eighth of this Ordinance since March 6, 2006. 1The Regulations on the Administration of Entertainment Places issued by the State Council on March 26th, 999 shall be abolished at the same time.