Recreational Facilities Recommended Reading: Management Measures for Entertainment Places

Ministry of Culture of the People's Republic of China Order No. 55

The "Administrative Measures for Entertainment Places" was reviewed and approved by the Ministry of Culture on January 25, 2013. It is hereby promulgated and will come into effect on March 11, 2013.

Minister Cai Wu

February 4, 2013

Article 1 These measures are formulated in accordance with the Regulations on the Administration of Entertainment Places (hereinafter referred to as the “Regulations”) in order to strengthen the management of business activities in entertainment venues, maintain the healthy development of entertainment venues, and meet the cultural and recreational consumption needs of the people.

Article 2 The "recreation sites" referred to in the "Regulations" refer to places such as song and dance, entertainment, and other places that are open to the public for the purpose of making profits to the public. Song and dance entertainment venues are business establishments that provide accompaniment music, song on demand services, or provide dance music and dancing venues. Entertainment and entertainment venues are business venues that provide game entertainment services through game entertainment equipment.

Where other sites concurrently engage in the above entertainment services, these Measures shall apply.

Article 3 The State encourages entertainment venues to spread the fine arts and culture of the nation, provide healthy and beneficial cultural entertainment content and services for the general public, and encourages entertainment venues to implement chained and branded operations.

Article 4 The competent cultural department of the people's government at or above the county level shall be responsible for the supervision of the business activities of the local entertainment venues, be responsible for the supervision of the contents of cultural products provided by the entertainment venues, and be responsible for guiding the work of the local associations of entertainment venues.

Article 5 Industry associations for entertainment venues shall, in accordance with the relevant national laws and regulations and the association's articles of association, formulate industry norms, strengthen industry self-discipline, and safeguard the legitimate rights and interests of the industry.

Article 6 Entertainment venues may not be established in the following locations:

(1) in a building containing a house in the use of a house;

(b) in museums, libraries and buildings that have been certified as heritage conservation units;

(c) residential residential areas;

(4) Around the primary and secondary schools stipulated in the Education Law;

(5) The area surrounding the hospital that has obtained the "Practice License for Medical Institutions" in accordance with the Regulations for the Administration of Medical Institutions and the Detailed Rules for Implementation;

(6) The Chinese Communist Party Committee at all levels and its subordinate working departments, people's congresses at all levels organs, people's governments at all levels and their subordinate working departments, political consultative conference organs at all levels, people's courts at all levels, procuratorate organs, and all levels Around the democratic parties;

(7) crowded places such as stations and airports;

(8) Below the first floor of a building (excluding the first floor);

(9) The area adjacent to the warehouse of hazardous chemicals and the distance from the warehouse of hazardous chemicals must comply with the relevant provisions of the "Regulations on the Administration of the Safety of Hazardous Chemicals".

The distance between entertainment venues and schools, hospitals, and agencies and their measurement methods shall be stipulated by the cultural authorities of the provincial people's governments.

Article 7 The establishment of entertainment venues shall meet the following conditions:

(1) It has facilities and equipment that are suitable for its business activities, and the content of cultural products provided shall comply with the provisions for the production, publication, and import of cultural products;

(2) The per capita occupancy area of ​​consumers for singing and dancing entertainment venues shall not be less than 1.5 square meters (excluding rural areas), and the use area of ​​recreational entertainment venues shall not be less than 200 square meters. The use area does not include non-commercial areas such as office and warehousing;

(3) Comply with the relevant regulations of the state's security administration, fire safety, and environmental noise;

(4) Other conditions stipulated by laws, regulations and rules.

Article 8 The competent cultural department of the provincial people's government shall be responsible for formulating the minimum use area standards for the establishment of entertainment venues in rural areas; in combination with the actual conditions in the region, it shall formulate the approved standards for the minimum use areas and the number of consumers for the entertainment venues within the administrative area, but shall not be lower than this The criteria specified in item (2) of Article 7 of the Measures.

The cultural authorities of the provincial people's government are responsible for formulating plans for the total number and layout of entertainment and entertainment venues within their respective administrative regions and make them public.

Article 9 The establishment of entertainment venues shall apply to the cultural authorities of the local people's governments at the county level where they are located; the establishment of Chinese-foreign joint ventures and Chinese-foreign cooperative entertainment establishments shall be filed with the cultural authorities of the local provincial people's governments, and the cultural director of the provincial people's government The department may entrust local cultural authorities at or above the county level to carry out field inspections.

Article 10 Before applying for the establishment of entertainment venues, the preparatory construction personnel may submit an application for consultation on preparatory construction to the competent cultural authority responsible for examination and approval, and the competent cultural department shall provide administrative guidance for the preparatory construction personnel.

Article 11 An application for the establishment of entertainment venues shall submit the following documents:

(a) the establishment of an application;

(2) Notice of pre-approval of company name or business license;

(3) organization and regulations;

(4) The identity certificate of the investor, the proposed legal representative, and the principal person in charge, and the written statement of the circumstances stipulated in Articles 4, 5, and 52 of the "Regulations";

(5) If the real estate ownership certificate is issued and leased premises are operated, a lease contract or a letter of intent for lease shall also be submitted;

(6) Location map of the business premises;

(7) The floor plan of the internal structure of the venue, song and dance entertainment venues shall indicate the area and position of the private rooms and booths, and the recreation and entertainment venues shall indicate the locations of the games and entertainment sections, the number and location of game entertainment devices;

(8) The approval documents of the fire protection and environmental protection departments;

Where an application is made for establishing a Chinese-foreign joint venture or Chinese-foreign cooperative entertainment establishment, the approval documents of the competent commercial authority shall also be submitted.

Article 12: After accepting an application, the competent department of culture shall conduct an on-site inspection of the location, surrounding environment, and area of ​​the establishment site. If the conditions are met, it shall be publicized to the public at the conspicuous position of the place of establishment and office of the competent cultural department for 10 days and a hearing shall be organized according to law.

Article 13 The competent department of culture shall conduct content verification on the song-on-demand system used in singing and dancing entertainment venues and the game entertainment equipment used in entertainment and entertainment venues.

Article 14 The competent cultural authority shall make a decision on administrative licensing based on the results of the hearing and the verification of the content of cultural products. If approval is granted, an entertainment business license shall be issued; if it is not approved, the applicant shall be informed in writing and explain the reasons.

Article 15 Where an entertainment venue is reconstructed or expanded, or the venue is changed, the investment personnel, the proportion of investment, and the items stated in the entertainment business license shall be changed, an application shall be filed with the original issuing authority to re-issuing the entertainment business license.

Article 16 Song and dance entertainment venues that add or change song-on-demand systems, add new entertainment venues or change game entertainment equipment shall report to the original issuing authority for verification.

Article 17 The entertainment business license is valid for 2 years. Before the expiry of 30 days of the expiration date of the entertainment business license, the operator of the entertainment venue shall hold a permit, a copy of the business license, and a business report to the original issuing authority to apply for a change of license. The original license issuance agency shall decide whether to grant the continuation in accordance with the conditions for establishment before the expiry of the validity period. If the decision is not made within the time limit, it shall be deemed as a continuation of the grant.

Article 18 If the period of validity of an entertainment license does not continue, the original issuing authority shall announce the cancellation of the entertainment license to the public and inform the public security organ and the administrative department for industry and commerce.

Article 19 The legal representative or chief person in charge of a place of entertainment is the first person responsible for maintaining the order of operation of the place.

Article 20 The operation of singing and dancing and entertainment establishments shall comply with the following provisions:

(1) Programs broadcasted or performed must not contain the prohibited content of Article 13 of the Regulations;

(2) It is not allowed to connect the song on demand system used in the place to a foreign music library;

(3) The song on demand system used by the venue shall not be changed without authorization.

Article 21 The operation of recreation and entertainment establishments shall comply with the following provisions:

(1) Game entertainment equipment that has not been verified by the competent cultural authority shall not be installed;

(2) Where award-winning business activities are carried out, the prize catalogue shall be reported to the competent cultural authority at the county level where it is located for the record;

(3) It is forbidden to change game entertainment equipment without authorization;

(d) implementation of games, entertainment district operations, and there are clear signs of the district;

(5) Except for national holidays, minors are prohibited from entering the game area.

Article 22 Places of entertainment may not provide venues for commercial performance activities that have not been approved by the cultural authority.

Where a place of entertainment uses a foreigner to engage in performance activities, it shall meet the provisions of the "Regulations on the Management of Commercial Performance" and the "Implementation Rules on the Management Regulations on Commercial Performance."

Article 23 Entertainment venues shall establish a system of self-assessment and inspection of cultural product content, and determine that a person is responsible for managing the cultural products and services provided in the establishment. Inspections should be recorded in the business log.

Where a consumer uses a place of entertainment to engage in illegal activities, the place of entertainment shall be stopped. If the use of a place of entertainment is prohibited, it shall promptly report to the competent cultural department or the public security organ.

Article 24: Entertainment establishments shall hang entertainment business licenses in a conspicuous place, and the minors shall ban or restrict signs of entry. The signs shall indicate the “12318” cultural market reporting telephone.

Article 25 Entertainment establishments shall cooperate with the daily inspection and technical supervision measures of the competent cultural department.

Article 26: The competent cultural authorities shall establish credit management archives for entertainment venues to record information on penalties imposed by cultural authorities, public security agencies, and administrative departments for industry and commerce, as well as legal representatives, principal responsible persons and investors of entertainment venues.

Article 27 The competent department of culture shall regularly organize the staff of the competent cultural department, the first person responsible for the place of entertainment, and the full-time personnel responsible for content management to conduct training in policies and laws.

Article 28 Those who violate the provisions of the Regulations and engage in business activities in entertainment establishments without authorization shall be punished by the administrative department for industry and commerce and the competent cultural authority of the people's government at or above the county level in accordance with Article 40 of the Regulations.

Article 29 Where a song and dance entertainment establishment violates the provisions of items (1) and (2) of Article 20 of these Measures, the cultural authority of the people's government at or above the county level shall punish it in accordance with Article 47 of the Regulations; Article XX (3) of the Measures shall be penalized by the competent cultural department of the people's government at or above the county level in accordance with Article 48 of the Regulations.

Article 30 Entertainment entertainment establishments who violate the provisions of items (1) and (2) of Article 21 of these Measures shall be ordered by the competent cultural department of the people's government at or above the county level to make corrections, and shall be fined not less than 5,000 yuan but not more than 10,000 yuan. Violations of the provisions of Item (3) of Article 21 of these Measures shall be imposed by the competent cultural department of the people's government at or above the county level in accordance with Article 48 of the Regulations; violation of Article 21(4) of these Measures If the provisions of the regulations are imposed, the cultural authority of the people's government at or above the county level shall be punished in accordance with Article 50 of the Regulations; in violation of the provisions of Article 21 (5) of the present Measures, the competent cultural authorities of the people's government at or above the county level shall Article 47 of the "Regulations" shall be punished.

Article 31 If a place of entertainment violates the provisions of the first paragraph of Article 22 of these Measures, the competent cultural department of the people's government at or above the county level shall order it to make corrections and impose a fine of 5,000 yuan up to 10,000 yuan.

Article 32 Any entertainment establishment that violates the provisions of Article 23 of these Measures and fails to take timely measures to stop and report according to law shall be punished by the competent cultural department of the people's government at or above the county level in accordance with Article 49 of the Regulations. .

Article 33 Where a place of entertainment violates the provisions of Article 24 of these Measures, the competent cultural department of the people's government at or above the county level shall order it to correct and give a warning.

Article 34 Where a place of entertainment violates the provisions of Article 25 of these Measures, the competent cultural department of the people's government at or above the county level shall give a warning and impose a fine of 5,000 yuan up to 10,000 yuan.

Article 35 The present Measures shall come into force on March 11, 2013.

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