Regulations of Jiangsu Province on Public Security Administration for Public Places

• Document Number：Announcement No. 23 of the Standing Committee of the Eleventh People's Congress of Jiangsu Province
• Area of Law： National Security Public Security
• Level of Authority： Provincial Local Regulations
• Date issued：05-20-2009
• Status： Effective
• Issuing Authority： Jiangsu Province

Regulations of Jiangsu Province on Public Security Administration for Public Places
(Adopted at the Sixth Meeting of the Standing Committee of the Tenth People's Congress of Jiangsu Province on October 25, 2003 and revised according to the Decisions of the Standing Committee of the People's Congress of Jiangsu Province on Amendment of the Regulations of Jiangsu Province on Public Security Administration for Public Places adopted at the Ninth Meeting of the Standing Committee of the Eleventh People's Congress of Jiangsu Province on May 20, 2009)
Chapter I General Provisions
Article 1 These Regulations are enacted in accordance with the relevant laws and administrative regulations, in light of the specific situation of this Province and for the purpose of maintaining security order in public places, guaranteeing public safety and the lawful rights and interests of citizens and promoting the economic and social development.
Article 2 These Regulations shall be applied in the following public places within the administrative region of this Province, which, opening to the general public, are suitable for people to gather together and hold social activities:
(1) entertainment venues for singing and dancing, recreation and games, chess and card games;
(2) service places for bath, massage ,hairdressing and beauty and bars, tea houses and cafes;
(3) entertainment place such as cinemas, theaters, music halls and sports venues;
(4) places for sightseeing and amusement;
(5) large commodity trading markets;
(6) public transportation places for passengers such as bus stations, wharves and airports;
(7) other public places which shall be put under the public security control in accordance with laws and regulations.
Public security administration for business places providing Internet accessing services and hotel business shall be implemented according to the provisions in relevant laws and regulations.
Article 3 Apanage management shall be implemented for public security administration for public places and the principles of putting prevention first, combining prevention with control, emphasizing on key points and classification management shall be adhered to in the practices.
Article 4 Governments at all levels shall strengthen their leadership over the work of public security administration for public places and make planning for the development of public places according to the local economic and social development status.
The public security organ is the competent department responsible for public security administration for public places. The administrative departments such as industrial and commercial administration, culture, sports, construction (urban management), tourism, environmental protection, pricing, economy and trade (work safety supervision), quality supervision and religion administration shall joint the public security organ in their efforts to strengthen the public security administration for public places according to their respective functions and duties.
Article 5 The public security organ shall fulfill their duties according to law, enforce the law in a just and civilized manner, maintain the lawful rights and interests of public place operators and consumers, protect and promote the prosperity and development of the tertiary industry.
Article 6 Persons participating activities at public places shall abide by State laws and regulations and assist the public security organ and the relevant departments in maintaining public security order in public places.
The acts of stopping or reporting against illegal and criminal activities shall be put under the protection of law.
Chapter II Public Security Responsibilities and Safety Conditions for Public Security
Article 7 The public security organ shall perform the following public security responsibilities:
(1) maintaining public security order in public places, preventing and stopping acts endangering social public security order;
(2) guiding and supervising the operator of a public place in implementing various security measures;
(3) conducting inspections on security and safety for a public place according to law and putting forward correction opinions in a timely manner and supervising the correction when hidden dangers are found;
(4) straightening outstanding public security problems in public places and their surrounding areas, promptly investigating into criminal and public security cases and handling emergencies and public security disasters and accidents;
(5) other duties on public security control as provided by laws and regulations.
Article 8 The public security responsibility system shall be implemented for public places in adherence to the principle that the person who runs the public place shall be held responsible or the person who operates the public place business shall be held responsible. The legal representative of a public place and the person in charge of the business operation are the persons responsible for public security in the place.
Article 9 The operator of a public place shall operate its business according to law and may not engage in activities prohibited by laws and regulations.
Where the operator of a public place finds out that a person appearing in the public place is committing illegal or criminal act, he shall take appropriate measures to stop the act, and report to the local public security organ immediately; the operator of a public place and its staff members may not provide conveniences and conditions for the illegal and criminal acts, or provide information to the person who has committed illegal and criminal acts.
Public place operators as mentioned in these Regulations include enterprises and individual industrial and commercial households.
Article 10 The establishment and operation of a public place shall meet the following public security conditions:
(1) Fire safety measures shall meet the requirement as provided;
(2) The public place shall be equipped with emergency lighting devices, free entrance and exit passages shall be maintained, and safety tips shall be posted in conspicuous places;
(3) The employees shall hold legal identity certificates, foreigners and other persons from overseas shall hold other certificates as provided by the State;
(4) The number of the persons it accommodates may not exceed the approved number;
(5) A security and safeguard system shall be established according to the need of safety control, adequate security forces shall be put to action and security measures shall be implemented;
(6) Other public security conditions as provided by laws and regulations.
Article 11 In addition to the conditions as provided in Article 10 of these Regulations, the public places for amusement or places providing services shall meet the following conditions:
(1) Where there are boxes or private rooms, transparent doors and windows shall be installed in the place where it is easy to observe the internal environment of the boxes or rooms and inside locking devices may not be installed;
(2) Average space per person for the number of people approved for the operation place may not be less than two square meters;
(3) Adjustable lights may not be installed at the operation place; the brightness of lights in the hall may not be less than four luxes and the brightness of lights in the boxes or private rooms may not be less than three luxes;
(4) The staff members shall wear work logo in a unified way and employees of an amusement place shall, in addition, wear uniforms during business hours;
(5) The place for amusement or the place providing massage services shall be manned with security personnel, and the number of the security personnel shall not be less than 2% of the number of persons approved for the place;
(6) Warning signs with information such as no drugs, no gambling or no prostitution shall be hung up on a conspicuous position in the hall, boxes or private rooms of the operation place; signs with information such as no minors or limited access for minors shall also be hung up in the amusement place.
Where laws and administrative regulations provided otherwise on the business restrictions on the legal representative, the person mainly in charge or other employees of an amusement place or a place providing services, those provisions shall prevail.
Article 12 In addition to the conditions as provided in Article 10 of these Regulations, swimming places shall also meet the following conditions:
(1) Deep and shallow zones of man-made swimming places and safety swimming zones of natural swimming places shall have conspicuous signs and a bathing beach shall have shark nets;
(2) The swimming place shall be installed with broadcasting facilities, storage rooms for valuables and observation stations with a panoramic view of the whole place for timely rescue;
(3) The brightness of lights over the surface of the water in the swimming pool when in business at night shall not be less than eighty luxes;
(4) Average water area per person of the number of persons approved for the man-made swimming pools shall not be less than two and a half square meters and average water area per person of the number of persons approved for the natural swimming place shall not be less than four square meters;
(5) The swimming place shall be manned with necessary life guards and medical personnel and equipped with lifesaving facilities and devices, and the natural swimming place shall also be equipped with necessary life boats.
Article 13 In addition to the conditions as provided in Article 10 of these Regulations, places for sightseeing and amusement shall also meet the following conditions:
(1) The places shall have separate entrance and exit passages;
(2) There shall be warning signs and protection facilities in dangerous sections and water area;
(3) The place shall be equipped with broadcasting facilities, manned with necessary lifeguards and equipped with lifesaving facilities.
No touring activities may be conducted in zones without safety guarantee.
Article 14 The public security organ shall publicize to the general public the relevant safety conditions for public security in public places and provide the safety conditions to the industrial and commercial administration department in writing. The operator of a public place may, when applying for registration, ask the industrial and commercial administration department for a copy, or ask a copy directly from the local police station.
Chapter III Supervision and Administration
Article 15 Whoever establishes an amusement place in accordance with the provisions stipulated in sub-paragraph (1) of the first paragraph of Article 2 of these Regulations shall report to the local public security organ at the county level for record within 15 days since the date he obtains the business license for it.
Article 16 Whoever establishes an operational public place in accordance with the provisions stipulated in sub-paragraph (2) to sub-paragraph (4) of the first paragraph of Article 2 of these Regulations shall report to the local police station in writing within 5 working days since the date he obtains the business license and provide the following documents in original and duplicated copy:
(1) business license;
(2) the identification certificates of the person responsible for public security;
(3) the location and surroundings and the plane diagram of its interior structure.
Where the name, address, legal representative or person in charge of business operation, the business scope and other important matters of a public place as stipulated in the preceding paragraph are changed, the operator shall report to the local police station in writing within 3 working days since the date the changes are made according to the provisions stipulated in the preceding paragraph.
A service place shall truthfully register the basic information about its employees and any change taking place thereto and report to the local police station in writing within 3 working days since it employs the staff or makes any change to the employment.
Article 17 The local police station shall, within 5 working days since it receives the written report as provided in the first and second paragraphs of Article 16 of these Regulations, carry out an inspection on the public security and safety conditions of the public place. Where it is found that the conditions are not met, it shall notify the operator in writing to make corrections.
Article 18 The amusement place for singing and dancing or the large-scale market trading place shall be installed with closed-circuit television monitoring system at the entrance, exit and main passages of its business operation area. The closed-circuit television monitoring system shall meet the national or trade standards and shall be put into normal operation during business hours.
Video recordings shall be kept for 30 days for inspection and may not be deleted or changed or used for other purposes.
Article 19 The public security organ shall carry out public security inspections in public places according to law. When a policeman on official duty carries out public security inspection in a public place, he shall present the Inspection Permit of Jiangsu Province for Public Security Administration for Public Places printed uniformly by the provincial public security organ, make a written record of his inspection and abide by the relevant regulations on law enforcement and duty performance.
Units and individuals under public security inspection shall cooperate with the public security and may not refuse or obstruct the inspection.
Article 20 The public security organ and the people's police may not run entertainment places and service places; may not participate in the business operation of the entertainment places or service places directly or in disguised form; may not take advantage of their functions and powers to seek gains for others engaged in the business operation of public places.
Article 21 The public security organ shall promote scientific and technical means such as technical prevention and information management to increase the efficiency of public security administration.
Article 22 The relevant departments shall cooperate and exchange information with each other. Where any illegal act is found in a public place and it is, in accordance with the law, within the investigation and handling scope of other functional departments, they shall notify the relevant functional departments in a timely manner.
Chapter IV Legal Liabilities
Article 23 For any act in violation of these Regulations, where there are provisions on its penalty in other laws and administrative regulations, those provisions shall prevail. Where a crime is constituted, the criminal liabilities shall be investigated according to law.
Article 24 The business operator of a public place who violates the provisions in sub-paragraph (2) and (5) of Article 10, sub-paragraph (1) and (2) of Article 12 and sub-paragraph (1) to (3) of the first paragraph of Article 13 of these Regulations shall be ordered by the public security organ to make corrections within a prescribed period of time; where he fails to make the corrections within the prescribed time limit, a warning shall be given, and a fine not less than RMB200 yuan but not more than RMB2,000 yuan shall concurrently be imposed on him according to the seriousness of the case.
The operator of a public place who, in violation of the provisions in Articles 15 and 16 of these Regulations, fails to report to the public security organ for record or report to the public security organ in writing shall be ordered to make corrections and given a warning by the public security organ at the county level.
Article 25 The operator of a public service place in any one of the following circumstances shall be ordered to make corrections within a prescribed period of time and given a warning by the public security organ; where he fails to make corrections within the prescribed time limit, he shall be ordered to suspend the business operation for rectification and be fined not less than RMB1,000 yuan but not more than RMB10,000 yuan according to the seriousness of the case:
(1) the staff employed by him do not have any or all of the certificates provided in sub-paragraph (3) of Article 10 of these Regulations;
(2) the boxes or private rooms established do not meet the requirement provided in sub-paragraph (1) of Article 11 of these Regulations;
(3) the persons the place accommodates exceed the number of persons approved;
(4) the setting of lights and their brightness do not meet the requirements;
(5) the place is not manned with security guards in accordance with the provisions.
Where the staff members of a public service place fail to wear work logo in a unified way during business hours, the public security organ shall order the service place to make corrections within a prescribed period of time; where it fails to make corrections within the prescribed time limit, the public security organ shall give it a warning and may concurrently impose on it a fine not less than RMB200 yuan but not more than RMB2,000 yuan according to the seriousness of the case.
Article 26 Where the operator or other staff members of a public place who, in violation of the provisions in these Regulation, commit any one of the following acts, the public security organ shall suspend the business operation of the public place for its rectification and impose on it a fine not less than RMB4,000 yuan but not more than RMB20,000 yuan according to the seriousness of the case; the person responsible for public security liabilities, the person directly in charge and the other person directly responsible shall be fined not less than RMB200 yuan but not more than RMB1,000 yuan by the public security organ:
(1) turning a blind eye to the on-going illegal and criminal acts and not taking proper measures to stop them;
(2) providing convinces and facilities for the illegal and criminal acts happening in their own place;
(3) sending information to the person who has committed illegal or criminal acts.
Where in a public place, an illegal or criminal act has taken place and resulted in serious consequences or many illegal or criminal acts haven taken place due to the neglect of duties of the operator, a penalty shall be given according to the provisions in the preceding paragraph.
Article 27 The policeman of a public security organ who violates the provisions in Article 20 of these Regulations or neglects his duties, abuses his powers or bends the law for personal gains in carrying out public security administration for public places shall be given administrative sanctions according to law by the unit where he works or the competent departments at higher level.
Chapter V Supplementary Provisions
Article 28 These Regulations shall enter into effect as of March 1, 2004.