Regulations on the Administration of Entertainment Venues
On January 29, 2006, the People's Republic of China promulgated Order No. 458 of the People's Republic of China, revised for the first time in accordance with the Decision on Amending and Repealing Some Administrative Regulations on February 6, 2016, and amended for the second time in accordance with the Decision on Amending and Repealing Some Administrative Regulations on November 29, 2020).
Chapter I: General Provisions.
Article 1: These Regulations are formulated so as to strengthen the management of entertainment venues and ensure the healthy development of entertainment venues.
Article 2: "Entertainment venues" as used in these Regulations refers to venues such as singing, dancing, and amusement venues that are for the purpose of making a profit and are open to the public for consumers to entertain themselves.
Article 3 The competent departments of culture of the people's ** at or above the county level shall be responsible for the supervision and management of the daily business activities of entertainment venues;The public security department at or above the county level is responsible for the supervision and management of the fire and public security conditions of entertainment venues.
Article 4: State organs and their staffs must not open entertainment venues, and must not participate in or covertly participate in the business activities of entertainment venues. Relatives who have a husband and wife relationship, a direct blood relationship, a collateral blood relationship within three generations, or a close in-law relationship with the staff of the competent department for culture or public security department must not open entertainment venues, and must not participate in or covertly participate in the business activities of entertainment venues.
Chapter II Establishment.
Article 5: Persons with any of the following circumstances must not open entertainment venues or engage in business in entertainment venues:
1) Those who have committed the crimes of organizing, coercing, enticing, accommodating, or introducing **, producing, selling, or disseminating ** items, smuggling, selling, transporting, or manufacturing drugs, coercing, insulting women, gambling, money laundering, and organizing, leading, or participating in *** organizations;
2) Those who have been deprived of political rights as a result of a crime;
3) Those who have been compelled to undergo drug rehabilitation due to drug ingestion or injection;
4) Those who have been sentenced to administrative detention for **.
Article 6: Foreign investors may establish entertainment venues within the territory of China in accordance with law.
Article 7 Entertainment venues shall not be located in the following locations:
1) In residential buildings, museums, libraries and buildings that have been approved as cultural relics protection units;
2) Residential areas and around schools, hospitals, and institutions;
3) Crowded places such as stations and airports;
4) Below the basement level of the building;
5) The area adjacent to the hazardous chemicals warehouse.
The boundary noise of entertainment venues shall comply with the environmental noise standards prescribed by the state.
Article 8 The usable area of entertainment venues shall not be lower than the minimum standards stipulated by the competent cultural authorities;The establishment of amusement and entertainment venues containing electronic game machines shall comply with the requirements of the competent department of culture on the total amount and layout.
Article 9: Entertainment venues applying to engage in entertainment venue business activities shall submit an application to the local county-level people's ** cultural department;Foreign-invested entertainment venues applying to engage in entertainment venue business activities shall submit an application to the competent department of people's ** culture of the province, autonomous region, or municipality directly under the Central Government where they are located.
Entertainment venues applying to engage in entertainment venue business activities shall submit a written statement that the investor, the proposed legal representative, and other responsible persons do not have the circumstances provided for in Article 5 of these Regulations. The applicant shall be responsible for the authenticity of the content of the written statement.
The competent department for culture accepting the application shall verify the written statement with the public security department or other relevant units, and the public security department or other relevant units shall cooperate;Where it is verified to be true, the competent departments for culture shall conduct on-site inspections and make a decision in accordance with the provisions of articles 7 and 8 of these Regulations. If approved, an entertainment business license shall be issued, and the number of consumers accommodated in the entertainment venue shall be verified in accordance with the provisions of the competent cultural department;If the application is not approved, the applicant shall be notified in writing and the reasons shall be explained.
Where relevant laws and administrative regulations provide that it is necessary to go through approval formalities such as for fire protection, sanitation, and environmental protection, follow those provisions.
Article 10: The competent departments of culture shall hold hearings when examining and approving entertainment venues. The procedures for the hearing shall be carried out in accordance with the provisions of the Administrative Licensing Law of the People's Republic of China.
Article 11: After an entertainment venue obtains a business license and relevant approval documents and permits in accordance with law, it shall file with the county-level public security department within 15 days.
Article 12: Where an entertainment venue reconstructs or expands its business premises, or changes its venues, major facilities and equipment, or investment personnel, or changes the matters specified in its entertainment business license, it shall apply to the original license-issuing organ for a new issuance of the entertainment business license, and file it with the public security department;Where it is necessary to change the registration, it shall go through the change registration with the administrative department for industry and commerce in accordance with law.
Chapter III Operation.
Article 13: The State advocates the promotion of the nation's excellent culture, and prohibits entertainment activities in entertainment venues that contain the following content:
1) Violating the basic principles set forth in the Constitution;
2) Endangering national unity.
(1) Sovereignty or territorial integrity;
3) Endangering the state or harming the honor or interests of the state;
4) Inciting ethnic hatred or ethnic discrimination, hurting ethnic feelings or infringing on ethnic customs and habits, or undermining ethnic unity;
5) Violating national religious policies by advocating cults or superstitions;
6) Advocating gambling, violence, and drug-related illegal and criminal activities, or instigating crimes;
7) Violating social morality or the nation's excellent cultural traditions;
8) Insulting or slandering others, infringing upon the lawful rights and interests of others;
9) Other content prohibited by laws and administrative regulations.
Article 14: Entertainment venues and their employees must not carry out the following acts, and must not provide conditions for persons entering entertainment venues to carry out the following acts:
1) Selling, **, or organizing, coercing, instigating, enticing, deceiving, or allowing others to ingest or inject drugs;
2) Organizing, coercing, enticing, accommodating, or introducing others
3) Production, sale, and dissemination of ** items;
4) Providing or engaging in for-profit escorts;
e) Gambling;6) Engaging in cult or superstitious activities;
7) Other illegal and criminal conduct.
Employees of entertainment venues shall not ingest or inject drugs, and shall not provide conditions for persons entering entertainment venues to carry out the above acts.
Article 15: Singing and dancing entertainment venues shall, in accordance with the provisions of the public security department, install closed-circuit television monitoring equipment at the entrances and exits and main passages of the business premises, and shall ensure that the closed-circuit television monitoring equipment operates normally during the business period and must not be interrupted.
Singing and dancing entertainment venues shall retain closed-circuit television surveillance footage materials for 30 days for future reference, and must not be deleted or diverted for other purposes.
Article 16: Partitions must not be set up in the boxes and private rooms of singing and dancing entertainment venues, and transparent doors and windows shall be installed to show the overall indoor environment. The doors of private rooms and private rooms shall not have internal locking devices.
Article 17: During business hours, the brightness of singing and dancing entertainment venues shall not be lower than the standards prescribed by the State.
Article 18: Audio-visual products or electronic games used in entertainment venues shall be published, produced, or imported in accordance with law.
The repertoire and screen images of singing and dancing entertainment venues** and the game items in the electronic game consoles of amusement and entertainment venues must not contain content prohibited by Article 13 of these Regulations;The song on demand system used by singing and dancing entertainment venues must not be connected to overseas music libraries.
Article 19 Amusement and entertainment venues shall not set up electronic game machine models, models, circuit boards and other game facilities and equipment with gambling functions, and shall not use cash or valuable ** as prizes, and shall not repurchase prizes.
Article 20: The legally-designated representative or principal responsible person of an entertainment venue shall be responsible for the fire safety and other safety of the entertainment venue.
Entertainment venues shall ensure that their buildings and facilities comply with the highest standards and technical specifications for fire protection, regularly inspect the status of fire protection facilities, and maintain and update them in a timely manner.
Entertainment venues shall formulate safety work plans and emergency evacuation plans.
Article 21: During the business period, entertainment venues shall ensure that evacuation passages and safety exits are unblocked, and must not block or lock evacuation passages and exits, and must not set up fences or other obstacles that affect evacuation in evacuation passages and safety exits.
Entertainment venues shall set up conspicuous indication signs in evacuation passages and safety exits, and must not cover or cover the indication signs.
Article 22: No one shall illegally carry firearms, ammunition, controlled instruments, or dangerous articles and pathogens of infectious diseases such as those that are inflammable, flammable, poisonous, radioactive, corrosive, or other into entertainment venues.
Discotheques shall be equipped with security inspection equipment to conduct safety checks on persons entering the business premises.
Article 23: Singing and dancing entertainment venues must not accept minors. Except for national statutory holidays, electronic game machines set up in amusement and entertainment venues must not be provided to minors.
Article 24: Entertainment venues must not recruit minors;Where foreigners are recruited, they shall apply for foreigners' employment permits in accordance with the relevant provisions of the State.
Article 25: Entertainment venues shall sign a letter of responsibility for civilized service with their employees, and establish a roster of employeesThe list of employees shall include the real names of the employees, a copy of the resident identity card, a copy of the foreigner's employment permit, and other content.
Entertainment venues shall establish a business log, recording the work duties, working hours, and working locations of employees during the business period;The business log shall not be deleted or altered, and shall be retained for 60 days for future reference.
Article 26 Entertainment venues shall sign security service contracts with security service enterprises and appoint professional security personnel;No other personnel shall be employed for security work.
Article 27 During the business period, the employees of entertainment venues shall wear uniform work clothes, wear work symbols, and carry their resident identity cards or foreigners' employment permits.
Employees shall abide by professional ethics and hygiene norms, be honest and trustworthy, treat others politely, and must not infringe on the personal and property rights of consumers.
Article 28 From 2 a.m. to 8 a.m. every day, entertainment venues shall not be open.
Article 29: Entertainment venues providing entertainment services and commodities shall clearly mark the price and present the price list to consumers;Consumers must not be coerced or deceived into accepting services or purchasing goods.
Article 30: Entertainment venues shall hang warning signs containing content such as prohibition of drugs, prohibition of gambling, and prohibition of entry, as well as signs prohibiting or restricting minors, in conspicuous positions in the halls, boxes, and private rooms of the business premises. The sign shall indicate the report of the public security department and the competent department of culture**.
Article 31: Entertainment venues shall establish a system of inspections, and where illegal or criminal activities are discovered in the entertainment venues, they shall immediately report to the local county-level public security department or county-level people's ** department in charge of culture.
Chapter IV: Supervision and Management.
Article 32: When the staff of the competent departments for culture, public security departments, and other relevant departments perform their duties of supervision and inspection in accordance with law, they have the right to enter entertainment venues. Entertainment venues shall cooperate and must not refuse or obstruct.
Where the staff of the competent departments for culture, public security departments, and other relevant departments need to consult closed-circuit television surveillance video materials, employee registers, business logs, and other materials when performing supervision and inspection duties in accordance with law, entertainment venues shall promptly provide them.
Article 33: The competent departments for culture, public security departments, and other relevant departments shall record the circumstances of supervision and inspections and the results of their handling. Supervision and inspection records shall be signed and filed by the supervision and inspection personnel. The public has the right to inspect the inspection records.
Article 34: The competent departments for culture, public security, and other relevant departments shall establish a warning and recording system for illegal acts in entertainment venues;Entertainment venues that are included in the warning record shall be promptly announced to the public, and the extent of supervision and inspection shall be increased.
Article 35: The competent departments for culture shall establish a credit management system for entertainment venues' business activities, establish and complete credit restraint mechanisms, and promptly publish information on administrative punishments.
Article 36: The competent departments for culture, public security departments, and other relevant departments shall establish a system for reporting information to each other, and promptly report on the situation of supervision and inspection and the results of handling.
Article 37: Where any unit or individual discovers any violation of these Regulations in an entertainment venue, it has the right to report it to the competent department for culture, the public security department, and other relevant departments.
The departments in charge of culture, public security departments, and other relevant departments shall record reports upon receipt, and promptly investigate and handle them in accordance with law;and where it is not within the scope of that department's duties, it shall be promptly transferred to the relevant departments.
Article 38: When necessary, higher-level people's ** departments in charge of culture and public security departments may, in accordance with the provisions of these Regulations, investigate and handle cases that are investigated and handled by lower-level people's ** departments in charge of culture or public security departments.
Where lower-level people's ** departments for culture or public security find that the case is major or complicated, they may request that the higher-level people's ** departments for culture or public security departments be transferred for investigation and handling.
Article 39: Where the competent departments for culture, public security departments, and other relevant departments, as well as their staffs, violate the provisions of these Regulations, any unit or individual may report it to the organ at the same or higher level that has the authority to handle it in accordance with law. Organs receiving reports shall promptly investigate and handle them in accordance with law.
Article 40: Entertainment venue industry associations shall, in accordance with the provisions of their charters, formulate industry self-discipline norms, and strengthen guidance and supervision of members' business activities.
Chapter V: Legal Responsibility.
Article 41: Whoever violates the provisions of these Regulations by engaging in the business activities of entertainment venues without authorization shall be banned by the competent department of culture in accordance with law;Where public security departments discover that they have engaged in the business activities of entertainment venues without authorization when investigating and handling public security or criminal cases, they shall ban them in accordance with law.
Article 42: Where the provisions of these Regulations are violated by obtaining an entertainment business license by fraud or other improper means, the original license-issuing organ is to revoke the entertainment business license.
Article 43: Where entertainment venues carry out the acts prohibited by Article 14 of these Regulations, the county-level public security department is to confiscate unlawful gains and illegal property, and order them to suspend business for 3 to 6 months for rectification;where the circumstances are serious, the original license-issuing organ shall revoke the entertainment business license, and impose a fine of between 10,000 and 20,000 RMB on the directly responsible managers and other directly responsible personnel.
Article 44: In any of the following circumstances, where an entertainment venue violates the provisions of these Regulations, the county-level public security department shall order corrections and give a warning;and where the circumstances are serious, order a suspension of business for 1 to 3 months for rectification
1) The setting of lighting facilities, private rooms, and the use of doors and windows do not comply with the provisions of these Regulations;
2) Failure to install closed-circuit television monitoring equipment or interruption of use in accordance with the provisions of these Regulations;
3) Failure to follow the provisions of these Regulations to retain surveillance video materials or delete or alter surveillance video materials;
4) Failing to equip security inspection equipment in accordance with the provisions of these Regulations or failing to conduct security inspections of personnel entering the business premises;
5) Failure to allocate security personnel in accordance with the provisions of these Regulations.
Article 45: In any of the following circumstances, where an entertainment venue violates the provisions of these Regulations, the county-level public security department is to confiscate unlawful gains and illegal property, and impose a fine of between 2 and 5 times the amount of unlawful gains;where there are no unlawful gains or the unlawful gains are less than 10,000 RMB, a concurrent fine of between 20,000 and 50,000 RMB is to be given;and where the circumstances are serious, order a suspension of business for 1 to 3 months for rectification
1) Setting up electronic game machine models, models, circuit boards, and other gaming facilities and equipment with gambling functions;
2) Using cash or valuable ** as a prize, or buying back a prize.
Article 46: Where entertainment venues instigate or condone employees to infringe on consumers' personal rights, they shall bear civil liability in accordance with law, and the county-level public security department is to order them to suspend operations for 1 to 3 months;and where serious consequences are caused, the original license-issuing organ is to revoke the entertainment business license.
Article 47: Where entertainment venues fail to file with the public security departments in accordance with the provisions of these Regulations after obtaining a business license, the county-level public security departments are to order corrections and give warnings.
Article 48: In any of the following circumstances, the county-level people's ** department in charge of culture is to confiscate unlawful gains and illegal property, and impose a fine of between 1 and 3 times the amount of unlawful gains;where there are no unlawful gains or the unlawful gains are less than 10,000 RMB, a concurrent fine of between 10,000 and 30,000 RMB is to be given;if the circumstances are serious, order a suspension of business for 1 month to 6 months
1) The song on-demand system of a singing and dancing entertainment venue is connected to a foreign music library;
2) The repertoire, screen screens, or game items in the electronic game consoles of the amusement and entertainment venues** contain content prohibited by Article 13 of these Regulations;
3) Singing and dancing entertainment venues accepting minors;
4) Electronic game machines set up by amusement and entertainment venues are provided to minors outside of national statutory holidays;
5) Entertainment venues can accommodate more consumers than the approved number.
Article 49: In any of the following circumstances, where entertainment venues violate the provisions of these Regulations, the competent department for culture at the county level shall order corrections and give warnings;and where the circumstances are serious, order a suspension of business for 1 to 3 months for rectification
1) Changing relevant matters and failing to apply for a new issuance of an entertainment business license in accordance with the provisions of these Regulations;
2) Operating during the prohibited business hours provided for in these Regulations;
3) Employees do not uniformly dress and wear work logos during business hours.
Article 50: Where entertainment venues fail to establish a directory of employees or a business log in accordance with the provisions of these Regulations, or fail to report illegal or criminal conduct in accordance with the provisions of these Regulations, the county-level people's ** department in charge of culture and the county-level public security department are to order corrections and give warnings on the basis of their legally-prescribed authority;and where the circumstances are serious, order a suspension of business for 1 to 3 months for rectification
Article 51: Where entertainment venues fail to follow the provisions of these Regulations to hang warning signs, or signs prohibiting or restricting minors from entering, the county-level people's ** department in charge of culture and the county-level public security department are to order corrections and give warnings on the basis of their legally-prescribed authority.
Article 52: Where entertainment venues recruit minors, the administrative departments for labor and social security are to order corrections and give punishments in accordance with the standard of a monthly fine of 5,000 yuan for each minor recruited.
Article 53: Where business activities of entertainment venues are banned in accordance with law for engaging in business activities of entertainment venues without authorization, their investors and responsible persons must not invest in the establishment of entertainment venues or serve as the legally-designated representatives or responsible persons of entertainment venues for life.
Where an entertainment venue has its entertainment business license revoked or revoked for violating the provisions of these Regulations, its legally-designated representative or responsible person must not serve as the legally-designated representative or responsible person of the entertainment venue for 5 years from the date of revocation or revocation.
Where entertainment venues are given three warnings or fines within 2 years for violating the provisions of these Regulations, and are subject to administrative punishment for violations of these Regulations, the county-level people's ** cultural department and the county-level public security department shall order them to suspend business for rectification for 3 months to 6 months in accordance with their statutory authority;Where a person is ordered to suspend business for rectification twice within 2 years and has violated these Regulations and shall be subject to administrative punishment, the original license-issuing organ shall revoke the entertainment business license.
Article 54: Where entertainment venues violate the provisions of laws or administrative regulations on the administration of public security or fire protection, the public security departments shall punish them in accordance with law;where a crime is constituted, criminal responsibility is pursued in accordance with law.
Where entertainment venues violate the provisions of laws and administrative regulations on health, environmental protection, and labor, they shall be punished by the relevant departments in accordance with lawwhere a crime is constituted, criminal responsibility is pursued in accordance with law.
Where disputes arise between entertainment venues and their employees and consumers, they shall be resolved in accordance with the provisions of the law on the protection of consumer rights and interests;Where harm to consumers' persons or property is caused, the entertainment venues are to compensate in accordance with law.
Article 55: Where state organs and their staffs open entertainment venues and participate in or covertly participate in the business activities of entertainment venues, the directly responsible managers and other directly responsible personnel are to be given administrative sanctions of removal or dismissal in accordance with law.
Where the staff of the competent department of culture or the public security department clearly know that their relatives are opening entertainment venues or discover that their relatives are participating in or covertly participating in the business activities of entertainment venues, and do not stop them or do not do a good job of stopping them, they shall be given administrative sanctions in accordance with law;where the circumstances are serious, an administrative sanction of removal or expulsion is to be given in accordance with law.
Article 56: Where the staff of the competent departments for culture, public security, industry and commerce, and other relevant departments commit any of the following acts, the directly responsible managers and other directly responsible personnel shall be given administrative sanctions in accordance with law;where a crime is constituted, criminal responsibility is pursued in accordance with law.
1) Issuing licenses, approval documents, or business licenses to units that do not meet the statutory requirements for establishment;
2) Failure to perform supervision and management duties, or failure to ban unauthorized business activities of entertainment venues, or failure to investigate and punish illegal acts in accordance with law;
3) Failure to investigate and deal with illegal conduct in accordance with law after receiving a report or notification;
4) Taking advantage of one's position to solicit or accept property from others or seek other benefits;
5) Taking advantage of one's position to participate in or cover up illegal conduct, or to report information to relevant units or individuals;
6) Other acts of abuse of authority, dereliction of duty, or twisting the law for personal gain.
Chapter VI: Supplementary Provisions.
Article 57: "Employees" as used in these Regulations includes management personnel, service personnel, security personnel, and other personnel working in entertainment venues.
Article 58: These Regulations shall come into force on March 1, 2006. The Regulations on the Administration of Entertainment Venues promulgated on March 26, 1999 shall be repealed at the same time.