(Promulgated by Decree No. 48 of the State Council of the People's Republic of China in 2000)
Special Action Proposal for Strengthening Administration on Entertainment Places and Crackdown on Social Filthy Phenomena Such As Prostitution, Visiting Prostitutes, Gambling, Drug Use and Drug Trafficking issued by Ministry of Public Security, Ministry of Supervision, Ministry of Culture and State Administration of Industry and Commerce has been approved by the State Council. Now it is transmitted to you, please implement seriously.
June 30, 2000
Special Action Proposal for Strengthening Administration on Entertainment Places and Crackdown on Social Filthy Phenomena Such As Prostitution, Visiting Prostitutes, Gambling, Drug Use and Drug Trafficking
Recently, the social filthy phenomena such as prostitution, visiting prostitutes, gambling, drug use and drug trafficking flocks in some places, criminal and public security cases and malignant accidents happen frequently, which bring serious harm to the public security especially to the healthy growth of the youth, arousing strong reaction from the public. To feasibly strengthen the monitoring and management on entertainment places, sternly crack down on the social filthy phenomena such as prostitution, visiting prostitutes, gambling, drug use and drug trafficking, the following proposals have been put forward:
1. In July, August, September 2000, measures shall be adopted to carry out and strengthen the administration of entertainment places nationwide, sternly crack down on social filthy phenomena such as prostitution, visiting prostitutes, gambling, drug use and drug trafficking. The special action shall be led by the Ministry of Public Security, coordinated by the Ministry of Supervision, the Ministry of Culture and State Administration of Industry and Commerce.
By means of the special action, related departments shall adjust the layout of entertainment places, reduce the total quantity, effectively constrain all kinds of law cases, accidents and the social filthy phenomena such as prostitutions, visiting prostitutes, erotic performances, gambling, drug use and drug trafficking and profitable accompanying.
2. As of the promulgation date, the proposal shall be effective and stop approving new entertainment places for singing and dancing entertainment, bathing and massage, video projecting and so on. Those newly constructed hotels and restaurants that need necessary entertainment facilities shall be strictly examined and approved in line with related regulations.
3. The authorities of public security, culture and industry and commerce administration shall enhance the management and sanction degree to the entertainment places in line with related regulations:
(1). As for those entertainment places without licenses or incomplete licenses, the authorities of public security, culture and industry and commerce administrations shall clamp down in line with related regulations, confiscate illegal incomes and equipment and facilities used for the illegal operations, and give monetary penalty in line with related regulations.
(2). As for those entertainment places with substandard hardware facilities, fire fighting conditions and staff or engaged in illegal activities, the authorities of the public security and culture administrations shall order them to rectify in the stipulated period or shutout to rectify; as for those still substandard after rectification, the industry and commerce authorities shall revoke the licenses in line with related regulations.
(3). As for those video projecting places engaged in projecting and publicizing illegal videos containing contents such as reactionary, obscenity, superstition and violence and so on, the related authorities shall revoke the licenses in line with related regulations; as for those criminal cases, the related authorities shall investigate the criminal responsibilities of the related persons. As for those video-projecting places engaged in projecting video products for home use only, the culture authorities shall order them to shut down to rectify.
(4). As for those by the name of entertainment places or by the advantages of the places to organize, force, detain, lure, or introduce other persons to engage in prostitution, gambling, establishing gambling houses, drug use or drug trafficking, the related authorities shall sternly investigate the criminal responsibilities of the involved persons, and it is strictly forbidden to replace penalty by fine to reduce the punishment degree. It's necessary to enhance the punishment degree of detention and education to the prostitutes and those who visit prostitutes. Those engaged in accompanying drinking, dancing or singing in profitable entertainment places shall be considered as "profitable accompanying", the related authorities shall sternly investigate and punish those who provide convenience to the profitable accompanying in line with Regulations on Administration of Entertainment Places. As for those places that have problems such as eroticism performance, racketeering, drug use and drug trafficking, besides investigating the responsibilities of related persons, the related authorities shall deal with the entertainment places in line with related regulations and revoke the licenses.
4. The related authorities shall further define the qualifications of entertainment places; increase the requirements of their hardware facilities, environment and internal management. On the basis of those requirements, the re-examination and registration of the entertainment places shall be strictly carried out in line with related regulations.
To those qualified places, the industry and commerce administration departments shall issue license; those non-qualified shall shutout or close down without delay, the industry and commerce administration departments shall write-off or revoke their licenses in line with related regulations.
Those have been revoked licenses for illegal operations or breaking the related regulation, the operators shall not engage in entertainment operation.
5. The start time of the newly re-examined and registered entertainment places, bathing and massage house shall not earlier than 8 am, later than the next 2 am. The video projecting places shall not earlier than 8 am, later than 12 pm the same day. To those violated the above mentioned operation stipulations, the authorities of public security, culture and industry and commerce administrations shall order them to rectify; those refuse to rectify, the related authorities shall give administration punishments in line with related regulations.
6.The authorities of public security, supervision, culture and industry and commerce administrations at all levels shall increase understanding, unify thoughts, by the principles of "protect the legal, crack down on the illegal and revoke the unlawful", earnestly and carefully shoulder one's own responsibilities, closely cooperate with each other, feasibly strengthen the daily administration of the entertainment places and carry through the management measures to the ground.
The public security departments shall investigate and solve the security problems existing in the entertainment places in time, strengthen the fire protection monitoring and examination, and find unsafe hidden problems in time. To those violate Article 37 of Regulations on Administration of Entertainment Places, the public security departments could confiscate their illegal incomes and properties.
The culture departments shall strictly control the macro development scale of entertainment places, and strengthen the administration of operations of the entertainment places. The focus shall be placed on reducing the quantity of singing and dancing, video projecting places.
The industry and commerce administration departments shall strictly carry out related regulations of examinations and approvals, strictly examine and approve the entertainment places, increase the monitoring and administration degree, regulate their operation activities, and investigate and punish unlicensed operations and illegal operations.
According to the Circular on Printing and Distributing Regulations on Strengthening the Construction of the Party Conduct and Clean and Honest Administration, the supervision departments shall earnestly investigate and deal with the regional protectionism and departmental protectionism, and the leaders that interfere or obstruct the tasks to clean the social filthy phenomena, seriously investigate the civil servants especially the Party members involved in prostitution, visiting prostitutes, gambling, drug use or drug trafficking, and investigate the failure of responsibilities of the local leaders and the related department leaders where there are serious social filthy phenomena. As for those public security, culture and industry and commerce departments that do not implement related regulations and examine, approve and issue the related licenses to the entertainment places after the implementation of the special action, the supervision departments shall investigate the responsibilities of the related leaders and individual personnel.
7. Related departments shall fully implement the functions of monitoring and publicizing of the news media, feasibly carry out the tasks of publicizing and educating, public opinion guidance. The public security, supervision, culture and industry and commerce administration departments at various levels shall publicize report telephone via news media and establish report system.
8. Local governments at various levels shall carry through the important thoughts of "Three Represents" of Comrade Jiang Zemin, with the responsible spirit to the Party, the people and the law, fully understand the significance of the special action to strengthen the management of the entertainment places, crack down on the social filthy phenomena such as prostitution and visiting prostitutes, gambling, drug use and drug trafficking and to prompt the socialistic civilization construction, protect the basic interest of the masses. It's necessary to put this special action on agenda, establish leadership responsibility system, stick to the principles everybody shoulder one's own responsibilities, sternly enhance leadership, carefully organize and deploy, coordinate with the related departments to properly carry out the tasks to achieve the expected results.