(Adopted at the 15thExecutive Meeting of the State Council on March 17, 1999, promulgated by Decree No. 261 of the State Council of the People’s Republic of China on March 26, 1999, and effective as of July 1, 1999)
Chapter I General Provisions
Article 1 These Regulations are formulated for the purpose of strengthening control over public places of entertainment, enriching the civilized and healthy recreational life of people, and promoting the construction of the socialist spiritual civilization.
Article 2 Public places of entertainment mentioned in these Regulations refer to commercial music and dancing, recreational and other places open to the public for consumers’ self-entertainment and recreation.
Article 3 A public place of entertainment business unit shall adhere to the orientation of serving the people and serving socialism and developing civilized and healthy recreational activities.
Article 4 The State advocates the development of fine traditional culture of the Chinese nation and prohibits conducting in public places of entertainment activities having any of the following contents:
(1) contravening the fundamental principles defined in the Constitution;
(2) endangering the unity, sovereignty and territorial integrity of the State:
(3) endangering the security, interests and social stability of the State;
(4) instigating ethnic separation, infringing on the customs or habits of ethnic minority groups and undermining the unity among ethnic groups;
(5) propagating obscenity, pornography, feudal superstition or playing up violence that harms the physical and mental healthy of consumers; or
(6) violating social ethics or slandering and humiliating others.
Article 5 The administrative departments of culture and the public security organs of the people’s governments at or above the county level shall, within the scope of their respective duties and responsibilities, strengthen guidance and supervision over the business activities, fire prevention and public security in the public place of entertainment according to the stipulations of these Regulations.
Article 6 The administrative departments of culture and the public security organs of the people’s government at all levels and their functionaries shall not run any public place of entertainment, nor participate, or participate in a disguised form, in any business activities of such public places of entertainment.
Article 7 Functionaries of the administrative departments of culture and the public security organs who are performing official duties in public places of entertainment shall produce their law enforcement certificates, be civilized and courteous and abide by the law.
The administrative departments of culture and the public security organs shall not charge any fees in conducting supervision and inspection over public places of entertainment in accordance with these Regulations. The expenses needed by the competent administrative departments of culture to carry out supervision and inspection over public places of entertainment may be resolved with local finances through the adjustment of the business tax rate of the entertainment industry according to law and the specific measures shall be stipulated by the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government.
Chapter II Establishment of A Public Place of Entertainment Business Unit
Article 8 In establishing a public place of entertainment business unit, the following conditions shall be met:
(1) having a unit name, domicile, organization and articles of association;
(2) having a clearly-defined scope of business and entertainment items;
(3) possessing a place, equipment and devices commensurate with the entertainment items to be provided; and
(4) having security, fire-prevention facilities and hygiene conditions up to the standards prescribed by the State for a public place of entertainment.
Article 9 No public place of entertainment shall be established at a location where the order of normal study and work of schools, hospitals and organs may be disrupted.
The noise in the vicinity of a public place of entertainment must conform to the standards prescribed by the State.
Article 10 The following persons shall not act as the legal representative or person in charge of the business unit of a public place of entertainment, nor participate in its business and management activities;
(1) those who were punished with fixed-term imprisonment for committing crimes of rape, of molesting or humiliating women with force, of organizing forcing, seducing, sheltering or procuring any other person or persons to engage in prostitution, of gambling, of producing, selling, or disseminating obscene materials, or of smuggling, trafficking, transporting and manufacturing drugs; and
(2) Those who were once deprived of political rights for committing a crime.
Article 11 The State prohibits the establishment of a public place of entertainment funded exclusively by foreign businessman.
Article 12 The establishment of a public place of entertainment business unit shall be subject to examination and verification according to these Regulations by the administrative department of culture, the public security organ and the administrative department of public health under the local people’s government at or above the county level in the locality where the public place of entertainment is situated within the scope of their respective duties and responsibilities; those which have passed examination and verification may apply to the industrial and commercial administrative department for registration and obtain a business licenses.
Article 13 Where a public place of entertainment business unit changes its name, domicile, legal representative, person in charge, scope of business, entertainment items or any other important matter, it shall, after examination and verification by the original examining and verifying organs, apply to the industrial and commercial administrative department for a change of registration according to law.
Chapter III Business Activities of Public Places of Entertainment
Article 14 No units may run business activities of a public place of entertainment if it has not passed the examination and verification of the administrative department of culture, the public security organ and the administrative department of public health and has not obtained a business license.
No public place of entertainment business unit may alter, lend or lease a business license, or sub-contract its business to others.
Article 15 The prices charged for various items of entertainment and services offered by a public place of entertainment must be clearly marked.
The departments of price control of the local people’s governments at or above the county level shall take price limitation measures with regard to any improper prices or unreasonable surcharges in accordance with the relevant regulations of the State.
Article 16 The performances and shows, music pieces, and the pictures played on the screens in public places of entertainment providing music and dancing shall not contain any content prohibited by Article 4 of these Regulations.
The games designed and installed in video game players that show sound, light and images on electronic screens in public places of entertainment providing game amusement shall not contain any content prohibited by Article 4 of these Regulations.
The Audio-video products and electronic publications used in public places of entertainment must be those published by the publishing houses approved by law or imported with approval according to law.
Article 17 Public places of entertainment providing game amusement shall not use models, types and circuit boards of electronic video game players installed with devices that have such gambling functions as refunding coins, steel balls and lottery tickets.
Article 18 Where a public place of entertainment intends to increase or change the models, types or circuit boards of its video game players, it shall apply to the original examining cultural administrative department for examination and approval.
Article 19 Public places of entertainment shall not provide entertainment services by using electronic computers.
Article 20 Commercial shows given by art performing troupes or individual performers employed by public places of entertainment providing music and dancing shall comply with the provision of the State on administration of commercial performances.
Article 21 Public places of entertainment providing music and dancing shall not admit minors.
The electronic video game players installed in public places of entertainment providing game amusement shall not be made available to minors expect on official holidays stipulated by the State.
Article 22 The employees of public places of entertainment shall wear uniforms with badges during business hours.
Chapter IV Security Control in Public Places of Entertainment
Article 23 A public place of entertainment business unit shall establish and improve different security systems and employ security guards according to the relevant provisions of the State.
Security guards shall receive training from the public security organ of the local people’s government at or above the county level. They may not be on duty until they are trained and have obtained certificates of qualification.
Article 24 The employees of a public place of entertainment shall hold a resident identity card. Among them, the workers who are not permanent residents of the locality shall hold temporary residence permits and work permits. Foreigners or other persons coming from outside the territory employed by the public place of entertainment shall obtain a work permit for foreigners according to the relevant provisions of the State.
The public place of entertainment business unit may not employ any person without the aforementioned certificate or permit, nor employ any person whose required certificate and permit are not complete.
Article 25 A public place of entertainment business unit and its personnel are strictly prohibited from organizing, forcing, seducing, sheltering or procuring any other person to engage in prostitution, from running gambling houses or gambling parties, from seducing, instigating or tricking any other person into orally taking or injecting drugs, from engaging in feudal superstitious activities, from selling or disseminating obscene and pornographic publications, movies, video tapes, recording cassettes, pictures or other obscene materials, from offering services of accompaniment for the purpose of profits, or from providing conveniences and conditions to facilitate those who enter the public place of entertainment to engage in the aforementioned activities.
Persons who enter into a public place of entertainment are strictly prohibited from engaging in prostitution, whoring, gambling or taking drugs, from selling or disseminating obscene publications, movies, video tapes, recording cassettes, pictures or other obscene materials, from engaging in obscene and pornographic activities, activities violating social ethnics or feudal superstitious activities, or from offering services of accompaniment for the purpose of profits.
Where any person entering into a public place of entertainment is found committing any of the acts specified in the preceding paragraph, the business unit of the public place of entertainment must stop the act and make a report immediately to the local public security organ.
Article 26 No one may engage in fighting and brawls, resort to excessive drinking, conduct provocative behaviors, assail women with obscenities or humiliate women in any public place of entertainment, or engage in other activities that may disrupt the order of normal business of the public place of entertainment.
Article 27 No one may illegally carry guns, ammunition, controlled knives and tools or articles which are of an explosive, combustible, radioactive, poisonous or corrosive nature into a public place of entertainment.
Article 28 The reserved boxes or private rooms furnished by a public place of entertainment providing music and dancing shall be installed with glass windows or doors through which the inside of the boxes or rooms may be fully viewed from the outside, and no internal locking devices shall be installed.
Article 29 A public place of entertainment business unit shall strengthen its fire-prevention measures and ensure the normal functioning of its fire-fighting facilities.
Article 30 The number of consumers accommodated in a public place of entertainment providing music and dancing shall not exceed the approved number of persons.
Chapter V Penalty Provisions
Article 31 Any public place of entertainment business unit established without permission and in violation of these Regulations shall be banned by the industrial and commercial administrative department. Illegal proceeds and equipment used in the illegal business shall be confiscated. Where the illegal proceeds exceed 4,000 yuan, an additional fine of more than 2 times but less than 5 times the amount of illegal proceeds shall be imposed. Where no illegal proceeds are obtained or the illegal proceeds are less than 4,000 yuan, an additional fine of more than 4,000 yuan but less than 20,000 yuan shall be imposed.
Article 32 Where the business unit of a public place of entertainment alters, lends or leases its business license without permission, the industrial and commercial administrative department shall enforce a punishment according to the stipulations of relevant laws and regulations.
Article 33 Where the business unit of a public place of entertainment changes the items of entertainment services, increases or alters the models, types or circuit boards of video game players without the examination and approval of the competent administrative department of culture, the competent administrative department of culture shall order it to make up the examination and verification procedure within a prescribed time limit. Where the business unit in question fails to make up the procedure of examination and verification within the time limit, the competent administrative department of culture shall order it to suspend business for rectification, confiscate its illegal proceeds and impose concurrently a fine of more than 2,000 yuan but less than 10,000 yuan.
Article 34 Where the business unit of a public place of entertainment commits any of the following acts, the competent administrative department of culture shall order it to make amends, give it a warning, order it to suspend business for rectification, and confiscate its illegal proceeds. Where the illegal proceeds exceed 2,500 yuan, a sum of more than 2 times but less than 4 times the amount of illegal proceeds shall be imposed. Where no illegal proceeds are obtained or the illegal proceeds are less than 2,500 yuan, a sum of more than 2,500 yuan but less than 10,000 yuan shall be fined, and if the case is serious, the industrial and commercial administrative department shall revoke its business license:
(1) subcontracting the business of the public place of entertainment to others;
(2) admitting minors to a public place of entertainment providing music and dancing; providing to minors electronic video game players installed in a public place of entertainment providing game amusement on non-official holidays of the State;
(3) using audio-video products or electronic publications illegally published by publishing units of audio-video products or those illegally imported without official approval;
(4) providing entertainment services by using electronic computers; or
(5) providing models, types or circuit boards of video game players having a gambling function.
Article 35 Where the business unit of a public place of entertainment commits any of the following acts, the competent administrative department of culture shall order it to suspend business for rectification, confiscate its illegal proceeds and its equipment and instruments used for the illegal business activities, and impose concurrently a fine of more than 4,000 yuan but less than 40,000 yuan; if the case is serious, the industrial and commercial administrative department shall revoke its business license; if the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) organizing performances, giving songs or showing on video screens picture than contain any content prohibited by Article 4 of these Regulations; or
(2) designing and installing in video game players game items that contain any content prohibited by Article 4 of these Regulations.
Article 36 Besides the acts specified in Article 35 of these Regulations, where a public place of entertainment engages in activities prohibited by Article 4 of these Regulations, the public security organ shall deal with the case according to relevant laws and regulations; where a crime is constituted, criminal responsibility shall be investigated according to law.
Article 37 Where a public place of entertainment business unit commits any of the following acts, the public security organ shall order it to make amends, give it a warning, order it to suspend business for rectification, and impose concurrently a fine of not less than 1,000 yuan but not more than 10,000 yuan; if the case is serious, the industrial and commercial administrative department shall revoke its business license:
(1) employing persons who hold no certificates or permits as specified in Article 14 of these Regulations or whose required certificates and permits are not complete;
(2) failing to employ security guards according to the relevant regulations of the State or employing security guards who have not obtained certificates of qualifications;
(3) installing reserved boxes or private rooms of entertainment that do not comply with Article 28 of these Regulations; or
(4) admitting consumers in excess of the approved capacity for a public place of entertainment providing music and dancing.
Article 38 Any public place of entertainment business unit violating the regulations on fire-prevention shall be punished by the public security organ according to relevant laws and regulations.
Article 39 Any person belonging to a public place of entertainment business unit who commits any of the following acts shall be prosecuted for criminal responsibilities according to la if a crime is constituted; if the case does not constitute a crime, the offender shall be punished in accordance with the relevant stipulations of the Regulations on Administrative Penalties for Public Security:
(1) organizing, forcing, seducing, sheltering or procuring any other person to engage in prostitution by using the facilities of such unit;
(2) concealing circumstances or tipping off law-braking offenders and criminals when the public security organ investigates activities of prostitution or whoring;
(3) running gambling sites or gambling parties by using the facilities of the business unit; or
(4) seducing, abetting, cheating or forcing others to take or inject drugs by using the facilities of the business unit.
Article 40 Where a public place of entertainment business unit takes a laissez-faire attitude towards activities of prostitution or whoring taking place in the unit and does not take any measures to stop them, the public security organ shall order it to suspend business for rectification and impose additionally a fine of not less than 10,000 yuan but not more than 100,000 yuan; if the case is serious, the industrial and commercial administrative department shall revoke its business license; the person directly in charge and other responsible persons shall be given disciplinary punishments according to the relevant regulations with an additional fine of not more than 1,000 yuan by the public security organ.
Article 41 Where a public place of entertainment business unit commits any of the following acts, the public security organ shall order it to make amends, give it a warning and order it to suspend business for rectification, with additional fine of not less than 4,000 yuan but not more than 20,000 yuan; where the case is serious, the industrial and commercial administrative department shall revoke its business license;
(1) engaging in feudal superstitious activities;
(2) providing accompaniment services for the purpose of profits; or
(3) providing those who enter into the public place of entertainment with conveniences and facilities to engage in activities as specified in Items (1) and (2) of this Article.
Article 42 Whoever commits any of the following acts shall be punished in accordance with the relevant provisions of the Regulations on Administrative Penalties for Public Security; where a crime is constituted, criminal responsibilities shall be investigated according to law;
(1) illegally carrying guns, ammunition, controlled knives and tools, articles of an explosive, combustible, radioactive, poisonous or corrosive nature into a public place of entertainment;
(2) engaging in prostitution, whoring, gambling, drug-taking or feudal superstitious activities, selling and disseminating obscene materials, or engaging in obscene and pornographic activities in a public place of entertainment; or
(3) engaging in fighting and brawls, resorting to excessive drinking, conducting provocative behavior, assailing women with obscenities, or humiliating women in a public place of entertainment, or engaging in activities that may disrupt its normal business.
Article 43 Any functionary of an administrative department of culture or a public security organ who runs a public place of entertainment, participates, or participates in a disguised form, in business activities of a public place of entertainment shall be given the administrative sanctions according to law of removal from the post or discharge from public employment.
Where any administrative department of culture or public security organ commits any act specified in the preceding paragraph, the person directly in charge and other persons directly involved shall be punished according to the stipulations of the preceding paragraph.
Article 44 Any functionary of an administrative department of culture, a public security organ or any other competent administrative department who commits any of the acts such as abuse of power, dereliction of duty, misconduct or wrongdoing for personal gain and participation in or covering up illegal activities shall be investigated for criminal responsibility according to law if a crime is constituted; administrative sanctions shall be imposed according to law if a crime is not constituted.
Chapter VI Supplementary Provisions
Article 45 The public places of entertainment business units already established with approval before the entry into effect of these Regulations shall go through procedures anew for examination and verification in accordance with Article 12 of these Regulations within six months from the date of the entry into effect of these Regulations.
Article 46 Non public places of entertainment business units that concurrently engage in entertainment services shall be governed with reference to these Regulations.
Article 47 These Regulations shall take effect as of July 1, 1999.
