Many businesses have spotted the profit-making facilities of amusement facilities. They have started related amusement park companies, but it is also necessary to apply for related documents. Otherwise, it will bring serious consequences. Below, Xiaobian gives everyone the following list, hoping to have you help:
First, the scope of application
This guideline applies to the establishment and processing of recreation and entertainment establishments.
Second, the application matters
Matters: Application for establishment of recreational and entertainment venues.
Sub-items: establishment, change, continuation, cancellation, and replacement.
Third, the legal basis
Regulations on Administration of Entertainment Sites, Measures for the Administration of Entertainment Places, and Notice of the Ministry of Culture on Implementing the Measures for Administration of Entertainment Places.
Fourth, the implementation of organs
The county-level cultural authorities are responsible for the approval of recreation and entertainment establishments within their own administrative areas, and the county-level cultural authorities acceptance window is responsible for application acceptance and issuance of certificates.
The provincial-level cultural authorities are responsible for the approval of the establishment of Chinese-foreign joint ventures, cooperative recreational and entertainment venues within their own administrative regions, and the provincial-level competent cultural department acceptance window is responsible for application acceptance and issuance of certificates.
Fifth, the number of approvals
According to the plans formulated by the provincial cultural authorities, there are restrictions on the number of approvals. Exceeding the quantity stops the approval.
Sixth, examination and approval conditions
(a) Applicants
A person who is in one of the following situations may not apply for setting up a place of entertainment:
(1) Organized, forced, baited, sheltered, introduced prostitution, crimes of making, selling, and distributing obscene articles, smuggling, trafficking, transportation, drug-making, rape, compulsory defamation, insulting women, gambling, The crime of money laundering, the organization, leadership, and participation in crimes committed by triad societies;
(2) was deprived of political rights because of a crime;
(3) He was forcibly detoxified due to smoking or injecting drugs;
(4) Detained in administrative detention for prostitution and prostitution.
2. If a business owner engages in illegal business activities in a casino, the investor and the person in charge may not invest in setting up an entertainment venue or a legal representative or person in charge of an entertainment venue. Where an entertainment establishment is revoked or an entertainment business license is revoked, the legal representative or person in charge shall not be the legal representative or responsible person of the entertainment venue within five years from the date of being revoked or revoked.
3. State agencies and their staff may not open entertainment venues, and may not participate or disguise themselves in the business activities of entertainment venues. The relatives who have husband and wife relationship, immediate kinship relations, intergenerational kinship relations, and close relatives with the staff of the cultural authorities and the public security department shall not establish entertainment venues, and may not participate in or participate in the business activities of the entertainment venues in disguised form.
(b) Location
Entertainment venues may not be established in the following locations:
1. Houses are included in the planning, design, and use of houses;
2. Museums, libraries, and buildings that have been certified as conservation units;
3. Residential residential area;
4. Around the primary and secondary schools stipulated by the Education Law;
5. In accordance with the "Regulations on the Management of Medical Institutions" and the provisions of the Implementation Regulations, the hospitals that have obtained "Practice Licenses for Medical Institutions" are to be established;
6. The Communist Party Committee at all levels and its subordinate working units, people's congresses at all levels, people's governments at all levels and their subordinate working units, political consultative conference organs at all levels, people's courts at all levels, procuratorate organs, and democracy at all levels Around the party organization;
7. Stations, airports and other crowded places;
8. Below the ground floor of a building (excluding the ground floor);
9. The distance from the dangerous chemicals warehouse and the distance from the hazardous chemicals warehouse must comply with the relevant provisions of the “Regulations on the Safety Management of Dangerous Chemicalsâ€.
(c) establishment of a place
1. The business area (refers to the same plane, a complete one, the actual area of ​​use for setting up amusement machine models, not including bar, bathroom, etc.) is more than 200 square meters;
2. The recreation area and the game area are separated;
3. The building construction structure is safe and reasonable, and has obtained the "Public Congregation Site Put into Use, Pre-Operation Fire Safety Inspection Certificate";
4. The boundary noise of the site must comply with relevant regulations;
5. The recreation equipment provided shall be verified by the competent cultural authority.
VII. Administrative guidance
(1) Where the preparatory constructor requires administrative guidance, he shall submit the "Registration Application Form for Construction Consultation" to the competent cultural authority responsible for examination and approval;
(2) Where the application for consultation is in the form of laws and regulations, procedures for establishment, etc., the competent cultural department shall promptly inform the person who has established the plan; if the planner requests a written reply, the competent cultural department shall reply within 5 days from the date of receipt of the application for consultation on construction.
(3) Where the application for consultation is on-site instruction, the preparatory constructor shall submit the real estate ownership certificate at the same time, and the leasing premises shall also submit the lease contract or the letter of intent for lease, and the competent cultural department shall within 10 days of receiving the preparatory construction consultation application. Go to the site for guidance and issue administrative guidance.
VIII. Application Materials
(a) Submit an application
In addition to submission in person, the application materials may be submitted through letters, faxes, e-government, etc., or may be submitted by an agent. After on-site confirmation at the acceptance window, the application shall be handled on the spot:
1. The application materials shall be listed in the order stated in the application form of this Service Guide;
2. The copy of the application materials should be clear;
3. All materials are A4 size except for special regulations.
(b) Bill of Materials
1. Establishment
(1) Application registration form for recreation and entertainment establishments;
(2) Notice of pre-approval of company name or business license;
(3) organization and regulations;
(4) Proof of identity of the investor, the proposed legal representative and the principal responsible person, and a written statement of the circumstances as provided for in Articles 4, 5, and 52 of the Regulations;
(5) Real estate ownership certificate. Where a leased space is operated, a lease contract or a letter of intent for lease shall also be submitted;
(6) Geographic location map of the place of business (with a title indicating the residential area, roads and surrounding hospitals, schools, institutions, chemical warehouses, etc. within 200 meters of the surrounding area);
(7) The plan of the internal structure of the site shall indicate the location of the game and the entertainment section, the number and location of the game amusement machine type equipment;
(8) "Public gathering place put into use, pre-operating fire safety inspection certificate issued by the public security fire department";
(9) Approval documents issued by the environmental protection administrative department;
(10) An application for the establishment of a Sino-foreign joint venture or Chinese-foreign cooperative entertainment establishment shall also be submitted to the competent commercial authority for approval.
2. Reconstruction, expansion of business premises or change of venue
(1) Registration Form for Change of Entertainment Places;
(2) "Entertainment license" is a copy of;
(3) A copy of the business license;
(4) Real estate ownership certificate. Where a leased space is operated, a lease contract or a letter of intent for lease shall also be submitted;
(5) Geographic location map of the business premises (with a title indicating the residential area, roads and surrounding hospitals, schools, institutions, chemical warehouses, etc.);
(6) The plan of the internal structure of the site shall indicate the location of the game and the entertainment section, the number and location of the game amusement machine type equipment;
(7) "Public gathering place put into use, pre-operating fire safety inspection certificate issued by public security fire department";
(8) Approval documents issued by the environmental protection administrative department.
3. Change of legal representative, principal responsible person, and investment personnel
(1) Registration Form for Change of Entertainment Places;
(2) "Entertainment license" is a copy of;
(3) A copy of the business license;
(4) proof of identity of the person to be changed;
(5) The person to be changed does not have a written statement of the circumstances stipulated in Articles 4, 5, and 52 of the Regulations.
4. Change of name, registered capital
(1) Registration Form for Change of Entertainment Places;
(2) "Entertainment license" is a copy of;
(3) A copy of the business license.
The above change items can be applied for multiple changes at a time, and the same information is submitted as required.
Continuation
(1) Continuation of renewal application;
(2) A copy of the "Entertainment License";
(3) A copy of the business license;
(4) Business performance report for the past two years.
6. Logout
Apply for cancellation:
(1) Application for cancellation;
(2) Original and copy of the original "Entertainment License".
If any of the following circumstances occurs, they will be written off according to their authority and announced to the public:
(1) Failing to apply for the validity of the renewal of the certificate;
(2) The business license was cancelled or revoked by the administrative department for industry and commerce.
7. Supplementary certificate
(1) Complementary Certificate Application;
(2) The newspapers or magazines with lost statements or the original "entertainment licenses" are not damaged.
(three) supporting system
1. Revocation
If any of the following circumstances occurs, the administrative approval decision shall be revoked according to law, and the applicant shall be informed in writing and explain the reasons:
(1) Approving officers abuse their powers and neglect their duties to make administrative approval decisions;
(2) to make administrative approval decisions beyond legal authority;
(3) Making administrative approval decisions in violation of statutory procedures;
(4) To make administrative approval decisions on applicants who do not have the qualifications for application or do not meet the statutory requirements;
(5) Submission of false materials or approval by fraud or other improper means;
(6) Other situations where the administrative approval decision is to be revoked according to law.
2. Take the initiative to change or withdraw
Where the applicant applies in writing to withdraw the application for administrative examination and approval before the administrative department of culture has made a decision on administrative approval, it shall terminate the administrative examination and approval and notify the applicant in writing.
The applicant has the right to voluntarily change or withdraw the application during the approval process.
9. Field inspection
When applying for the establishment, reconstruction or expansion of song and dance entertainment venues and changing the addresses of singing and dancing entertainment venues, the competent cultural department shall inspect the following matters on site, and fill out the field inspection checklist for recreation establishments:
(i) Location: Whether it contains a dwelling; whether it is in a residential area, a museum, a library, or a building that has been certified as a cultural relic protection unit; whether it is below the basement of the building; whether it is in crowded places such as a station or airport. ;
(b) The surrounding environment: whether it is around schools, hospitals, or institutions;
(III) Use area: whether the on-site measured use area is lower than the minimum use area of ​​entertainment establishments established within the administrative area;
(d) whether the entertainment and entertainment establishments are zoned;
(five) Facilities and equipment:
Recreation and entertainment establishments: whether the venues have relevant certification materials for the production of game amusement equipment according to law; whether the game amusement equipment used in the venues passes the verification of the content of the provincial cultural authorities, is in conformity with the contents published by the Ministry of Culture; and the appearance of game amusement equipment used in the venues Whether the function has been changed; whether the game play equipment used in the venue has the functions of refunding coins, retreating steel balls, etc.; whether the prizes used in the venue are in line with the catalogue of records, whether the prizes are healthy and beneficial, and the value of a single prize cannot exceed 500 yuan.
X. Publicity
Where the applicant has submitted complete materials, complies with statutory forms, and has passed field inspections, it shall make public announcements to the public for 10 days at the conspicuous position of the establishment site and office of the competent cultural authority.
XI. Hearing
(1) Scope of hearing: The competent cultural authority shall inform the applicant and the interested parties of the place where the entertainment venue is located (village committee), nearby schools, hospitals, institutions, etc., to enjoy the right to request a hearing.
(2) Time limit for hearing: When an applicant or interested party submits a hearing application within the public notice period, the competent cultural department shall organize a hearing within 20 days. The time required for organizing the hearing shall not be calculated within the time limit of administrative permission.
(3) Hearing opinions: The competent department of culture shall make administrative licensing decisions based on hearing transcripts; applicants, interested parties, or other relevant personnel who do not register for the hearing shall be determined by the competent cultural department according to law.
XII. Decision
Within two working days from the date of the decision, the result of the examination and approval shall be publicized on the official website of the implementing agency. The applicant may obtain the approval document by following the online public notice period or SMS notification and carrying a valid certificate.
XIII. Legal time limit
Acceptance period: 5 working days. If the material is complete, it shall be accepted on the spot; if it is not complete, all materials shall be corrected and corrected once; if it is not answered within the acceptance period, it shall be deemed accepted.
Processing period: 20 working days. (Not including publicity and hearing time)
XIV. Instruments of ratification
"Entertainment License" is valid for 2 years.
15. Fees and standards
The administrative approval is free of charge.
XVI. Rights and Obligations of Applicants
(A) The applicant has the following rights according to law
1. The applicant enjoys the right to know, the right to make a statement, and the right of defense;
2. Has the right to apply for administrative review or file an administrative lawsuit in accordance with the law;
3. If its legitimate rights and interests are damaged because an administrative agency violates an administrative license, it has the right to demand compensation in accordance with the law.
(II) Applicants perform the following obligations according to law
1. It should truthfully submit relevant materials to the administrative agencies and reflect the true situation, and be responsible for the authenticity of the substance of the application materials.
2. Obligation to accept and cooperate with on-site investigation and supervision and inspection according to law.
3. Newly added or changed amusement equipment should be reported to the original issuing authority for verification.
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