娱乐场所管理条例 Regulations on Management of Entertainment Venues
2009-03-24 法律英语 来源:互联网 作者: ℃Article 25 It is strictly prohibit operation units of entertainment venues and their working personnel from organizing, forcing, seducing, harboring, or introducing prostitution, from opening gambling houses or gambling parties, from seducing, abetting, cheating, forcing others to eat or inject drugs, form conducting feudal superstition activities, form selling, disseminating obscene books, films, video tapes, records, pictures and other obscene materials, and from providing accompanies for making profit, or providing convenience and conditions for people who enter into entertainment venues to conduct above mentioned activities.
Persons entering into entertainment venues are strictly prohibited from prostitution, wench, gambling, freak-out, from selling and disseminating obscene books, films, video tapes, records, pictures and other obscene materials, from participating in obscene or anti-society activities and other superstitious activities, and from engaging in accompanies for making profit.
When founding persons entering into entertainment venues commit the acts stipulated in the preceding paragraph, the operation unit of entertainment must order to stop, and promptly report to local public security organs.
Article 26 No one shall fight, overdrink, affray or humiliate and molest women at entertainment venues nor conduct activities which disturb the normal operation order of entertainment venues.
Article 27 No one shall illegally bring guns, ammunitions, controlled knives, and explosive, combustible , poisonous, or erosive articles into entertainment venues.
Article 28 Box rooms in entertainment venues of song and dance shall install transparent door and windows that show whole inner scenes and no inner-locks shall be installed.
Article 29 Operation units of entertainment venues shall strengthen measures for fire control, and guarantee the normal function of fire control equipment.
Article 30 The number of consumers received in entertainment venues of song and dance sh
all not exceed the verified number.
Chapter V Penalty Provisions
Article 31 An operation unit of entertainment venue established without authorization and in violation of the provisions of these Regulations shall be banned by the administrative department of industry and commerce, illegal earnings and equipment sued for illegal business activities shall be confiscated; if the amount of illegal earnings is more than 4000 yuan, a fine of not less than 2 times nor more than 5 times the illegal earnings shall also be imposed; if there are no any illegal earnings or the amount of illegal earnings is less than 4000 yuan, a fine of not less than nor more than 20,000 yuan shall also be imposed.
Article 32 If an operation unit of entertainment venues alter, lend and lease its business license, the administrative department of industry and commerce shall impose punishment according to the provisions of the relevant laws or regulations.
Article 33 If an operation unit of entertainment venues alternates the recreation item, add or reduce the model and type of game machine or change the circuit board without the verification by the competent department of culture administration, the competent department of culture administration shall order and enforce the remedial procedure of verification within the time limit; if failing to make the remedial procedure of verification, the operation unit of entertainment venues shall be ordered to suspend business for rectification, have its illegal earnings confiscated, and also be imposed a fine of not less than 2,000 yuan nor more than 10,000 yuan.
Article 34 If an operation unit of entertainment venues has any one of the following circumstances, the competent department of culture administration shall order it make corrections, give it a warning, order it to suspend its business for rectification, confiscate its illegal earnings; if the amount of illegal earnings is more than 2,500 yuan, it shall be concurrently imposed a fine of not less than 2 times nor more than 4 times the illegal earnings; if there are no any illegal earnings or the amount of the illegal earnings is less than 2,500 yuan, it shall be imposed concurrently a fine of not less than 2,500 yuan nor more than 10,000 yuan; if the circumstances are serious, its business license shall be revoked by the administrative department of industry and commerce:
(1) to contract with others for the operation of business by others;
(2 to receive minors and provide game machines to minors except on the stipulated national holidays;
(3) to use sound or video products and electronic publications that are not published by lawful publishing units or imported in line with the verification of relevant laws;
(4) to provide any recreation activities using computer;
(5) to provide the model and type of game machine and circuit board with gambling functions.
Article 35 In case of the following situations in an entertainment venue, the competent department of culture administration shall order it to suspend its business for rectification, confiscate its illegal earnings and equipment or facilities used in illegal operation, and shall also impose a fine of not less than 4,000 nor more than 40,000 yuan upon it; if the circumstances are serious, the administrative department of industry and commerce shall revoke its business license; if a crime is constituted, criminal liability shall be investigated according to law.
(1) the organized performance or played songs or shown video images containing the contents which are prohibited by Article 4 of these Regulations;
(2) game programs designed and installed in game machines containing the contents which are prohibited by Article 4 of these Regulations.
Article 36 Except the situations described in Article 35 of these Regulations, any activities prohibited by Article 4 of these Regu
lations in entertainment venues shall be dealt with by public security organs according to the provisions of the relevant laws and regulations; if crimes are constituted, criminal liabilities shall be investigated according to law.
Article 37 In case of any one of the following situations in an entertainment venue, the public security organ shall order it to make corrections, give it a warning, order it to suspend its business for rectification, and shall also impose a fine of not less than 1,000 yuan nor more than 10,000 yuan upon it; if the circumstances are serious, its business license shall be revoked by the administrative department of industry and commerce:
(1) its employees have no or have no complete certificates stipulated in Article 24 of these Regulations;
(2) it fails to staff security guards according to the relevant provisions of the State or arrange security guards without qualification certificates to work;
(3) the box rooms do not conform to the provisions of Article 28 of these Regulations;
(4) the number of consumers received in entertainment venue of song and dance exceeds the verified number.
Article 38 If an operation unit of entertainment venue violates the provisions on fire control, the public security organ shall punish it according to the provisions of the relevant laws and regulations.
Article 39 Any persons of an entertainment venue who has any one of the following situations shall be investigated for criminal liabilities if crimes are constituted; if no crimes are constituted, penalties shall be given according to the relevant provisions of the regulations on administrative penalties for public security:
(1) to utilize conditions of its own to organize, force, seduce, harbor, or introduce prostitution;
(2) to disguise or notify law-breakers or criminals when police investigate and suppress the prostitution and wench;
(3) to utilize conditions of its own open gambling games;
(4) to utilize conditions of its own to seduce, abet, cheat, force others to eat or inject drugs.
Article 40 If an operation unit of entertainment venue let prostitution and wench in the place drift, taking no measure to stop, the public security organ shall order it to suspend its business for rectification, and shall also impose a fine of not less than 10,000 yuan nor more than 100,000 yuan upon it; if the circumstances are serious, its business license shall be revoked by the administrative department of industry and commerce; the persons in charge directly responsible and the other responsible persons shall be given disciplinary sanctions according to the provisions, and shall also be fined not more than 1,000 yuan by the public security organ.
Article 41 In case of any one of the following situations in an entertainment venue, the public security organ shall order it to make corrections, give it a warning, order it to suspend its business for rectification, and shall also impose a fine of not less than 4,000 yuan nor more than 20,000 yuan upon it; if the circumstances are serious, its business license shall be revoked by the administrative department of industry and commerce:
(1) to engage in feudal superstitious activities;
(2) to provide accompanies for making profit;
(3) to provide convenience and conditions for people entering into the entertainment venue to engage in the activities mentioned in Items (1),(2) of this Article.
Article 42 In case of any one of the following situations, penalties shall be given according to the provisions of
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