Implementation Rules for the Regulations of Shanghai on the Administration of the Culture and Entertainment Market

 2018-10-23  1149


(Promulgated by Shanghai Municipal People's Government on August 16, 1996; amended by Decree No. 53 of Shanghai Municipal People's Government on December 14, 1997; amended in accordance with the Decision of Shanghai Municipal People's Government on Revising 148 Sets of the Municipal People's Government's Regulations Including the Interim Provisions of Shanghai Municipality on Handling of Agricultural Machinery Accidents promulgated by Decree No. 52 of Shanghai Municipal People's Government on December 20, 2010; and amended and re-promulgated in accordance with the Decision of Shanghai Municipal People's Government on Revising 19 Sets of the Municipal People's Government's Regulations Including the Provisions of Shanghai Municipality on the Administration of the Salt Industry promulgated by Decree No. 30 of Shanghai Municipal People's Government on May 22, 2015)

 

Article 1 (Basis)

These Implementation Rules are formulated in accordance with the provisions of the Regulations of Shanghai Municipality on the Administration of the Culture and Entertainment Market (hereinafter referred to as the Regulations). 

Article 2 (Application Scope)

These Implementation Rules apply to the launch of commercial cultural and entertaining establishments in this Municipality, the cultural and entertaining activities, and administration of these establishments and activities.

Article 3 (The Competent Administrative Department and the Coordinating Departments)

Shanghai Municipal Culture Administration Department (hereinafter referred to as the Municipal Culture Administration Department) is the competent administrative department in charge of the culture and entertainment market of this Municipality. Shanghai Social and Cultural Administration Division is responsible for the specific administrative work on the culture and entertainment market of this Municipality.

The district/county culture administration departments are in charge of the administration of the culture and entertainment market in their respective district/county, and are subject to the professional supervision and guidance of the Municipal Culture Administration Department.

The various levels of departments of public security, industry and commerce administration, public health, pricing, finance, taxation, environmental protection, tourism, labor, real estate, and land shall perform their respective duties and functions according to law and coordinate with the Municipal Culture Administration Department to carry out these Implementation Rules.

Article 4 (Conditions for Running a Commercial Dance Hall)

The launch of a commercial dance hall shall conform to the terms provided in Article 10 of these Regulations, and the requirements for the standards and supportive facilities of the business premises shall include the following:

1. The area of the business premises shall conform to the provisions of the State and this Municipality.

2. The proportion of the dance floor in the total business premises shall be: at least 40% in a social dance hall, and at least 30% in a disco dance hall or song-and-dance hall.

3. The hall has at least two exits, where clear signs and outward-opening doors are installed. 

4. The dance floor is separated from the seats for resting.

5. The hall has a locker room.

6. The hall has a fixed stage if it holds performances.

Article 5 (Conditions for Running a Commercial Karaoke Hall)

The launch of a commercial karaoke hall shall conform to the terms provided in Article 10 of the Regulations, and the requirements for the standards and supportive facilities of the business premises shall include the following:

1. The area of the business premises shall conform to the provisions of the State and this Municipality.

2. The songs for customers to select from shall be no less than 1,000.

3. The exits have clear signs and outward-opening doors, and where the area of the business premises exceeds 120 square meters, there shall be at least two exits. 

4. Where compartments are set up, a hall in the city proper shall have at least 10 compartments, and a hall in the suburban county shall have at least 5 compartments, with each compartment having a minimum area of 8 square meters. The compartment door shall not have an inside lock. The compartment door or the part of the compartment wall along the corridor that is 1.2 meters above the floor shall use transparent material, which shall be at least 0.4 square meters and clearly transparent.

Article 6 (Conditions for Running a Commercial Game Machine Hall or Amusement Machine Hall)

The running of a commercial game machine hall or amusement machine hall shall conform to the terms provided in Article 10 of the Regulations, and the requirements for the standards and supportive facilities of the business premises shall include the following:

1. The area of the business premises shall conform to the provisions of the State and this Municipality.

2. The internal corridor of a commercial game machine hall or amusement machine hall shall be at least 2 meters wide.

3. The exits have clear signs and outward-opening doors, and where the area of the business premises exceeds 120 square meters, there shall be at least two exits. 

Article 7 (Conditions for Running a Commercial Cultural Amusement Hall)

The running of a commercial cultural amusement hall shall satisfy the following conditions:

1. It has a standard business premises.

2. The installation and use of its activity appliances shall conform to the prescribed safety standards.

3. Its fire-fighting facilities are complete and effective, and it has obtained the certificate of fire prevention and fighting.

4. It has the prescribed amount of registered capital.

5. It has the necessary administrative system.

Article 8 (Conditions for Setting Up a Performing Troupe)

The establishment of a commercial performing troupe shall conform to the terms provided in Article 11 of the Regulations. The terms set forth in Items 1 and 2 of Article 11 include:

1. a leader who has received at least secondary education and is familiar with the profession;

2. the necessary performing facilities, including musical instruments; and

3. at least two repertoires.

Article 9 (Documents to Be Submitted to Apply to Launch a Commercial Cultural and Entertaining Establishment) 

To apply to run a commercial cultural and entertaining establishment, the following documents shall be submitted:

1. the application form;

2. the floor plan for the business premises;

3. the certificate of fire prevention and fighting for the business premises;

4. the name, types and uses of the activity appliances; and

5. the property ownership certificate or property leasing contract of the business premises.

Article 10 (Places Where Commercial Cultural and Entertaining Activities are Prohibited)

Commercial cultural and entertaining activities are prohibited in such places as public libraries, museums, art galleries, hospitals, cemeteries, public cemeteries, schools, kindergartens, and places for youngsters鈥� activities.  

It is prohibited to open a game machine hall or amusement machine hall within 200 meters of a primary or secondary school.

Article 11 (Requirements for Lighting and Sound Volume Control) 

The lighting and sound volume control at a commercial cultural and entertaining establishment shall conform to the provisions of the Health Standards of Cultural and Entertaining Establishments approved by the Ministry of Health.

When a commercial cultural and entertaining establishment is engaged in commercial activities, it shall take effective measures to prevent the noise from affecting people's normal work, study and life.

Article 12 (Standards for the Accommodation Capacity of an Establishment) 

The accommodation capacity of a commercial cultural and entertaining establishment shall be calculated according to the following standards about per-capita business premises area:

1. 2.5 square meters/person for a social dance hall, and 2 square meters/person for a disco dance hall or a song-and-dance hall; and

2. 1.2 square meters/person for a karaoke hall.

Before selling tickets for various entertaining activities in a commercial cultural and entertaining establishment, its accommodation capacity must be verified.

Article 13 (Staffing of Security Administrative Personnel)  

A commercial cultural and entertaining establishment shall be staffed with safety administrative personnel according to the verified accommodation capacity, and the standards for staffing shall be separately formulated by the Municipal Public Security Department jointly with the Municipal Culture Administration Department.

Article 14 (Provisions on the Use of Audio-visual Products)  

Where a commercial cultural and entertaining establishment uses audio-visual products such as laser-discs, it shall submit the catalogue to the Municipal Culture Administration Department as well as the proofs of the publishing units and copyright owners of the audio-visual products.

Article 15 (Requirements for the Content of the Cultural and Entertaining Activities)  

The cultural and entertaining activities at a commercial cultural and entertaining establishment shall be civilized and healthy, and reactionary, pornographic and other unhealthy programs shall not be played or performed.

A commercial cultural and entertaining establishment with a floor space of less than 150 square meters shall not hold a fashion show, a song and dance performance, or other large-scale performances.

Article 16 (Restrictions on the Commercial Activities of a Game Machine Hall)  

A game machine hall shall not engage in the following commercial activities:

1. game machines with reactionary, pornographic, erotic, murdering, violent and other harmful contents;

2. slot machines, apple gaming machines, card machines and similar game machine; and

3. game machines with awarding activities that can earn cash, coupons or prizes.

Article 17 (Requirements for the Lottery Business Activities of an Amusement Machine Hall)  

Where the operator of an amusement machine hall uses amusement machines for prize-awarding activities, he/she shall submit the list of prizes to the Municipal Culture Administration Department for filing.

Article 18 (Price Control)  

A commercial cultural and entertaining establishment shall provide a clear, complete list of accurate prices. Where a commercial cultural and entertaining establishment sets a threshold consumption level, the exact amount of this level shall be clearly marked at the entrance. 

Article 19 (Filing of the Contract)  

To stage commercial performances at a commercial cultural and entertaining establishment, the parties concerned shall sign a performance contract in accordance with the provisions of Article 20 of these Regulations, and submit the contract to the municipal or district/county culture administration department for filing.

1. To stage commercial performances at a commercial cultural and entertaining establishment in a star hotel, they shall report it to the Municipal Culture Administration Department for filing.

2. To stage commercial performances at other commercial cultural and entertaining establishments, they shall report it to the local district/county culture administration department for filing.

Article 20 (Change of Performers)  

Where a commercial performing troupe or fashion show team changes its performers, it shall undergo the filing procedure with the Municipal Culture Administration Department.

Article 21 (Inspection)  

Inspectors of the culture and entertainment market shall regularly or irregularly inspect commercial cultural and entertaining establishments and their cultural and entertaining activities. Relevant units and personnel shall coordinate with the inspectors, truthfully report the circumstances and provide relevant materials, and shall not refuse or obstruct the inspection.

While performing their duties, the inspectors shall show the parties concerned the Certificate for Inspecting the Cultural Market of the People's Republic of China printed by the Ministry of Culture of the PRC.

Article 22 (Administrative Penalties)  

Where a unit or person violates the provisions of the Regulations or these Implementation Rules, the municipal or district/county culture administration department shall impose penalties in accordance with the provisions of Articles 36, 37 and 38 of the Regulations. 

Article 23 (Definition of Terms)  

A cultural amusement hall means a cultural and entertaining establishment equipped with themed games and miniature scenic sites with cultural performances in between. 

Article 24 (Department for Interpretation of the Application)  

The Municipal Culture Administration Department is responsible for interpretation of the specific application of the Implementation Rules.

Article 25 (Date of Enforcement and Revocation)  

These Implementation Rules shall be effective as of September 1, 1996. The Administrative Procedures of Shanghai Municipality for the Commercial Cultural and Entertaining Industry published on May 29, 1992 and the Administrative Procedures of Shanghai Municipality for the Commercial Game Machine Entertaining Industry published on December 6, 1993, both by the Shanghai Municipal People's Government, shall be revoked simultaneously.